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 Post subject: Legal Issues
PostPosted: Sun Oct 12, 2003 8:46 pm 
A "runner" is a criminal offence, as we know.

But, if you have an out of town telephone booking, and the people do not pay in advance, and get in another cab before you arrive at the booked time, this becomes a civil offence. Or so we are told.

Now, I put it to you gentlemen, that this too should be (is?) a criminal offence too, especially if you do not know the errant punter, as it is obtaining goods and services by deception, with the intent to permanently deprive, and therefore in contravention of section one of the Theft Act.

My question is, has anyone ever prosecuted or sued for such fares? And if so, how did you get on?


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 Post subject: Re: Legal Issues
PostPosted: Mon Oct 13, 2003 5:08 am 
Anonymous wrote:
A "runner" is a criminal offence, as we know.

But, if you have an out of town telephone booking, and the people do not pay in advance, and get in another cab before you arrive at the booked time, this becomes a civil offence. Or so we are told.

Now, I put it to you gentlemen, that this too should be (is?) a criminal offence too, especially if you do not know the errant punter, as it is obtaining goods and services by deception, with the intent to permanently deprive, and therefore in contravention of section one of the Theft Act.

My question is, has anyone ever prosecuted or sued for such fares? And if so, how did you get on?





I think here there is a major test,
that will try us at our best,
if you realy want to sue,
the following is what you do.

get the name and adress, make sure you do this soon,
and down to the county court would be a boon,
fill in forms and pay the fee,
for nothing these days is for free.

make sure you have the phone tape,
or the court will make you feel you have suffered rape,
fill in the complex form,
to some this is the norm.

it then goes before the judge,
you can bet your life the defense will not budge,
in the end will definatly feel
that you have had a bloody raw deal.

Paddington Bill

go here and there whenever you will, always travel with Paddington Bill.


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 Post subject:
PostPosted: Mon Oct 13, 2003 8:15 am 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 53921
Location: 1066 Country
Very interesting, if not very funny. :(

The problem with a criminal offense is that the burden of proof on the police is massive. The punter could say "I thought it was my cab", and how can you prove beyond reasonable doubt that the car was there on time. I believe you, but have you any other witnesses bar your driver?

He could get un-told amount of witnesses saying your lad was late.

I believe a civil small claims court will be your best way forward. It costs next to nothing, and at least will cause the punter some inconvenience.

In my manor, all the large firms pass on such info on punters like this. This has to a degree stopped most of the time wasters. But clearly you and your driver got the daddy. :(


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 Post subject:
PostPosted: Mon Oct 13, 2003 7:25 pm 
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Joined: Wed Sep 03, 2003 3:20 pm
Posts: 3272
Good question Mr Guest, the bottom line is probably that the police just aren't interested, let's face it they generally aren't even interested in runners.

So it's basically down to a private prosection or civil case.

But, unlike a runner on a long journey, there isn't really much loss suffered, so in most cases it simply wouldn't be worth the bother.

Dusty


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 Post subject:
PostPosted: Tue Oct 14, 2003 4:08 am 
The police are there to cut all crime,
not stop us from making a dime,
if they dont register your request,
to an Mp and councillor you must protest. :lol:

Its illeagal to get in to a Cab
without the funds to pay for the tab,
dont walk away without a fuss,
call the police they may come by bus. :roll:

you have a duty to your earned cash,
dont let police hinder or hash.
sometimes you have to be very tough
and get thire hands in the police cuff :D

dont walk away full of shame
to many people do the same
stand your ground and dont be meak,
Get the [edited by admin] before the beak.

Paddington Bill.


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 Post subject: Re: Legal Issues
PostPosted: Tue Oct 14, 2003 4:00 pm 
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Joined: Tue Oct 14, 2003 10:45 am
Posts: 913
Location: Plymouth, i think, i'll just check the A to Z!
Anonymous wrote:
A "runner" is a criminal offence, as we know.

But, if you have an out of town telephone booking, and the people do not pay in advance, and get in another cab before you arrive at the booked time, this becomes a civil offence. Or so we are told.

My question is, has anyone ever prosecuted or sued for such fares? And if so, how did you get on?


i had one like that last saturday night. 30 mile round trip just for them to say they got a neighbour to run them in to town instead. not a lot you can do about sueing them (like hair dressers and resturants can do so im told) we just add their address to the black list, so the next time they ring to book they get a polite 'sorry, but not after last time'


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 Post subject:
PostPosted: Tue Oct 14, 2003 10:33 pm 
To receive such learn'ed replies like these
makes my heart so full of please
Thank thee oh thou wonderous scribes
(and I said this without receiving any bribes)
The laugh I got from Paddington Bill
Is sweeter than any prozac pill
the legal process is quite fraught
so I'll take a raincheck on going to Court
Next time they ring, on the job I won't pass
But pick them up, the kick their A***


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 Post subject:
PostPosted: Wed Oct 15, 2003 8:20 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 53921
Location: 1066 Country
I think there has got to be a book in all this lot. :D

Just have to find where you can buy the worms to eat the bugger. :D


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 Post subject:
PostPosted: Fri Oct 24, 2003 9:03 pm 
Have you tried getting credit card details before you go?


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 Post subject: Re: Legal Issues
PostPosted: Fri Feb 06, 2004 3:31 pm 
steveo wrote:
Anonymous wrote:
A "runner" is a criminal offence, as we know.

But, if you have an out of town telephone booking, and the people do not pay in advance, and get in another cab before you arrive at the booked time, this becomes a civil offence. Or so we are told.

My question is, has anyone ever prosecuted or sued for such fares? And if so, how did you get on?


i had one like that last saturday night. 30 mile round trip just for them to say they got a neighbour to run them in to town instead. not a lot you can do about sueing them (like hair dressers and resturants can do so im told) we just add their address to the black list, so the next time they ring to book they get a polite 'sorry, but not after last time'


Any booking is a contract, either verbally or written and as such is binding on each party. If one party is out of pocket through the actions of the other, restitution can be sought in a court of law. Not withstanding the nature of the contract implied or otherwise.

There was an incident or case several years ago where a businessman pre booked a hiring by telephone and the Taxi or P/H vehicle was late picking him up. Subsequently he missed his train. From recollection one of two things happened either he made the hire company drive him to his destination free of charge or he got his own Cab and got restitution from the offending Cab company through the courts. I can't recall which.

If a driver is out of pocket through the actions of a third party that has booked his services he can naturally try to recover those losses through legal means.

It may also be fact that he could have a case against the company that gave him the hiring in the first place. If you pay X amount of pounds each week to secure the services of a hire company to service you with clients, then technicaly that company owes you a duty of care. If the service you pay for leaves you out of pocket then it would be up to you to prove that it was the negligence of the hire company that brought that about.

Interesting thought, but we all know that cabbies wouldn't go to the extremes outlined above.

Best wishes

John Davies.
Manchester


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 Post subject:
PostPosted: Sun Feb 29, 2004 3:11 am 
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Joined: Sat Feb 28, 2004 8:45 pm
Posts: 62
Location: Perth Scotland
On the other side of the coin One of our local offices is being sued (or is under threat of being sued) for £510.00 for failing to honour the contract of engagement on New Years Eve although the roads were impassable due to snow,. I myself took over 30 minutes to cover one mile and subsequently went home at 7pm and went on "the [edited by admin]" (Stuff the bookings ) Included in the £510.00 is the wifes new dress for the nightout her time at the hairdresser and other such frivolities what are their chances - either side?


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 Post subject:
PostPosted: Sun Feb 29, 2004 4:48 am 
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Joined: Wed Sep 03, 2003 3:20 pm
Posts: 3272
Probably force majeure/act of God would excuse non-performance of the contract.


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 Post subject:
PostPosted: Sun Feb 29, 2004 6:04 am 
Railway child wrote:
On the other side of the coin One of our local offices is being sued (or is under threat of being sued) for £510.00 for failing to honour the contract of engagement on New Years Eve although the roads were impassable due to snow,. I myself took over 30 minutes to cover one mile and subsequently went home at 7pm and went on "the [edited by admin]" (Stuff the bookings ) Included in the £510.00 is the wifes new dress for the nightout her time at the hairdresser and other such frivolities what are their chances - either side?


if you can proove the roads were impassable or dangerous the chances of you getting off are excelent

if you cant proove it get axa insurance to deal with your claim, the payout on a taxi written off new years eve was a paultry £500

these jokers would have no chance with them.


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 Post subject: Re: Legal Issues
PostPosted: Sun Feb 29, 2004 6:07 am 
Anonymous wrote:
steveo wrote:
Anonymous wrote:
A "runner" is a criminal offence, as we know.

But, if you have an out of town telephone booking, and the people do not pay in advance, and get in another cab before you arrive at the booked time, this becomes a civil offence. Or so we are told.

My question is, has anyone ever prosecuted or sued for such fares? And if so, how did you get on?


i had one like that last saturday night. 30 mile round trip just for them to say they got a neighbour to run them in to town instead. not a lot you can do about sueing them (like hair dressers and resturants can do so im told) we just add their address to the black list, so the next time they ring to book they get a polite 'sorry, but not after last time'


Any booking is a contract, either verbally or written and as such is binding on each party. If one party is out of pocket through the actions of the other, restitution can be sought in a court of law. Not withstanding the nature of the contract implied or otherwise.

There was an incident or case several years ago where a businessman pre booked a hiring by telephone and the Taxi or P/H vehicle was late picking him up. Subsequently he missed his train. From recollection one of two things happened either he made the hire company drive him to his destination free of charge or he got his own Cab and got restitution from the offending Cab company through the courts. I can't recall which.

If a driver is out of pocket through the actions of a third party that has booked his services he can naturally try to recover those losses through legal means.

It may also be fact that he could have a case against the company that gave him the hiring in the first place. If you pay X amount of pounds each week to secure the services of a hire company to service you with clients, then technicaly that company owes you a duty of care. If the service you pay for leaves you out of pocket then it would be up to you to prove that it was the negligence of the hire company that brought that about.

Interesting thought, but we all know that cabbies wouldn't go to the extremes outlined above.

Best wishes

John Davies.
Manchester


Well John we actually do if its our fault we cough up!

though these days its often the fault of statutory undetakers.


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 Post subject:
PostPosted: Sun Feb 29, 2004 5:03 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 53921
Location: 1066 Country
Railway child wrote:
On the other side of the coin One of our local offices is being sued (or is under threat of being sued) for £510.00 for failing to honour the contract of engagement on New Years Eve although the roads were impassable due to snow,. I myself took over 30 minutes to cover one mile and subsequently went home at 7pm and went on "the [edited by admin]" (Stuff the bookings ) Included in the £510.00 is the wifes new dress for the nightout her time at the hairdresser and other such frivolities what are their chances - either side?


I suppose it all depends on the firms actions.

If they just didn't turn up, then they may have a little problem.

However if they tried to ring the customer to keep them informed, tried to get a car to them but couldn't, then they should be OK.

I can't see her getting her dress money back, cos she still has it. If she hired it, then you could get that back, but otherwise no.

But at the end of the day, isn't this what we all have insurance for? Let them sort it out.

_________________
IDFIMH


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