What's this all about?
Well back in 1932 a landmark case came to court for damages Donaghue v. Stevenson that ended up in the House of Lords.
The issue (in short) was that A, had bought a bottle of Ginger Beer and gave it to B, who then swallowed the snail that lurked inside.
Ginger Beer Ltd's defence was they owed no 'duty of care' to B, as they had sold the bottle to A and the contract is between them only.
In an historic ruling that still holds and is quoted every day in the courts, They lost so the principle of 'Vicarious Liability' was enshrined.
So what's that to do with me?
Well if you are thinking of putting on the 'Golden Fares' Rank and the many Marshalled 'opportunities' that seem to be appearing quite a lot, just remember this;
- If the Marshal puts a job in obviously worse for wear, who trashes your cab etc. They (The Marshal etc) could be held liable by you for the damage caused.
- If you get bilked and cannot trace the bilker, after the marshal has said 'she/he's OK Driver', again you can go after the marshal, their employer (LTDA/TaxiMarshalls.co etc) and likely TfL and Westminster, as they all have a duty of care to you as a person affected by their action, errors and omissions.
- If the ride complains to the PCO about the fare etc; again the marshal and those responsible for them are in the frame as well.
I quote Lord Atkin from the case stated:
"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called into question"
So there we have it, this as well as the legality of collecting 'compulsory donations' for the ride, the legality of charging more than the meter', is it a Public Hiring or a Private Booking?
Can you claim back the 'marshals cut' as a business expense or add it as an extra? are yet more unanswered questions that appear daily.
We understand the LTDA are running it at their members expense at first, including the Yellow Badge Members, Knowledge Students and the few out of town members who cannot use it, Of course they were all asked at the well advertised and attended branch meetings.
After that, its run by a self funding collection (by who and accountable to who?) in the future with all the questions as above.
Of course TfL have thought all this through (they have you cynics!), The LTDA have now entered into a business arrangement with TfL, the very authority they often have to represent members against. Is this a conflict of interest?
Answers please Mr Oddy and Mr Mason direct to the Anderson Shelter.
'Now where's that bottle opener!
Have you actually read the board report? The only involvement from TfL is through amending the cab orders. The scheme isnt anything to do with them other than this! Also, you wont get bilked as its payment up front! This is the whole point, if you want to use the scheme you go on the rank and you know you will get a minimum of £20!! As per previous comments, you dont like it, dont use it. There does seem to be a very negative response to any initative put forward by the LTDA, LCDC and Unite...rather than critisise how about putting your neck on the line in the same way and coming up with something that might actually help the trade rather than having a pop at anyone elses efforts and going off on wild crusades like your PHV window campaign which is totally without merit or fact.
ReplyDeleteAnon?
ReplyDelete"Rather than critisise how about putting your neck on the line in the same way and coming up with something that might actually help the trade"
Do you ever read the contents of the posts on this blog or are you one of those who just look at the pictures.
I have put my neck on the line every week along with my collegues who put their names on the posts they write. Unlike yourself who hides behind anonymity.
We have always given opinions where we thing the trade leaders have made bad decisions.
Our campaign is not totally without merit or fact just because Bob doesn't agree. The facts were gained from the Suzy Lamplugh Trust and figures were verified by the Havens Trust one I know Bob Oddy has given donations too in the past (again without consulting the membership, even though this trust does a fantastic job Bob morally should ask the member's first after all its not his money (is it?)).
The campaign has the support of many notable celebrities including, MP's London assembly members and Taxi drivers in the UTG
It will soon be launched in most of the trade media with three exceptions (bet you can guess which three they are?)
This is only seen as a wild campaign by people with links to Private hire, People like yourself, have we hit a nerve here.
Thought it was a bit childish to start putting mild swear words on the petition though, this show what a complete haddock you really are.
I was going to give a list of all the alternatives we have listed for the UTG to concider, but with you, it would just be wasted as there are no picture.
Rather than critisise how about putting your neck on the line in the same way and coming up with something that might actually help!
ReplyDeletePut Licensed taxi ranks outside the door of every club bar restaurant and hotel in the West End.
What makes you think that punters are going to walk from all over the west end to a rank in Coventry street that TfL and Westminster council have made it impossible to service then be charged over and above the meter when you can just slip into a PHV outside every club or bar.
Rickshaw bikes will now be cheaper on most local journeys ( Great move UTG...not)
When leaving these night spots people will use the first form of transport they see (Taken from a Surface transport report )
Stop PHV's illegally ranking everywhere.
In the case of the LTDA, have open branch meetings and don't hide the details away where no member can see them.
Put the Marshals at Tiger Tiger outside the door and get the rank painted and marked out properly.
Stop ignoring new trade groups such as the RMT and the LTDF.
Stop the smear campaign in the Taxi, Badge and CTN.
start earning the money paid to you by members through their subs.
Try thinking up scheme for their value to the trade and not how much you can earn from a marshalling job (£50 an hour).
i put my neck on the line and made some suggestions but Bob Oddy told me to fxck off
ReplyDeleteGot it in one, George.
ReplyDeleteIt's TfL's creation by amending the cab order, so THEY do have responsiblity that its run properly, that includes safety AND proper transparent accounting for thr monies.
Never considered price between us and pedicabs, another UTG winner! Was any membership consulted?
What about the people leaving Mamma Mia, they will have caught a cab there costing £6.00 and will be asked for £20.00 for one back to the hotel!
They will feel rightly ripped off and NEVER use a cab again.
It seems once again that peoples narrow interests could do real harm to us all.
As ever the response to any criticism or query is an abusive rant against anyone who dares question the status quo.
Using the same principle will TFL be responsable for any damage caused by there hiring of Bicycles? Mark
ReplyDeleteanon.
ReplyDeleteYep, could be. They have a duty of care to ensure their equipment is used responsibly.
I bet if someone drunk took one out and got killed, The lawyers would be on to TfL.
I see Messrs. Oddy & Mason have not taken the trouble to respond and clarify.
ReplyDeletePerhaps all these points raised are the reasons the PH rank in whitcomb street failed. We were so opposed to that as they were nicking our work, but the punters they were taking are going somewhere now, so why not direct them properly to a black cab?
ReplyDeleteThe legal arguments are interesting, but have little relevance as money is already changing hands for the journeys so the contractual relationship between the driver and passengers is already established. Any negligence claims against the marshalls wouldn't get very far as it's hard to imagine a punter getting up to anything in the back that they don't do already and pinning the fault directly to the marshall would be difficult. If they helped carry a disabled passenger in to the cab and dropped them may be an issue, but that would almost certainly be down to the cab drivers insurance and lawyers always prefer to sue insurance companies.
I work the Coventry street rank and in the past three or four weeks I have hardly seen it as I never get there. On the weekends it's full of pedicabs most of the time as the congestion round there means the punters have cottoned on and walk up to piccadilly circus to hail their cabs and don't have to pay to go round the block either. Perhaps TfL will provide some nice orange cones like the ones in Parker st,Charterhouse st etc etc to stop non hackney carriages using coventry street and we may be able to get at the rank then.
Instead of being negative, we should welcome this with open arms and do what we can to make it a success. If it fails, the whitcomb street rank for PH will be back and TfL will have a great big stick to beat us with whenever anybody mentions touting again. It's hard not to interpret this move as TfL giving us enough rope to hang ourselves.