Tom Thumb wrote:
My logic is that the new technology has left the law behind. I am not aware of any caselaw (JD's now going to prove me wrong) where it has focused on the legality of where the booking is taken.
I am aware of companies running an office and telephonist in one town, who answers the call and enters the booking. The booking then appears on a despatchers screen at another location, out of district. And on a Sunday for example the local office isn't opened (due to costs) and the calls are diverted to where the controller is sat.
We can all divert calls.
The way a council down here looked at it, when they were considering legal action against one council that used cars from A area to service work taken in B area, was that it all depended on the telephone exchange the call was routed from.
If the exchange was in A, then only A drivers could do the work, which is straight forward enough.
Where the problems came from was when a call went through an exchange in A, but was answered in B via an internal office extension. So in theory you could indeed take work from another area, and/or send cars from another area.
As for the legal action, A council decided it was too much of a pain, but thankfully B took the action and the firm, a big one at that, was fined several thousand pounds.
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