Claiming damages from a competitor
Discussion
Hi, can anyone help me out?
My company was given exclusive taxi entry at a local event last night, and we were effectively blockaded and my drivers threatened by rival firms.
I won't go into the ins and outs on a public forum but if someone could PM or contribute to the thread. I basically want to know where I stand with claiming damages. The public were falsely informed that we were acting illegally and were uninsured, essentially telling this straight to my core market.
Taxi Drivers = f
king peasants. And I want them to pay for damaging my business.
Any help greatly appreciated
My company was given exclusive taxi entry at a local event last night, and we were effectively blockaded and my drivers threatened by rival firms.
I won't go into the ins and outs on a public forum but if someone could PM or contribute to the thread. I basically want to know where I stand with claiming damages. The public were falsely informed that we were acting illegally and were uninsured, essentially telling this straight to my core market.
Taxi Drivers = f
king peasants. And I want them to pay for damaging my business.Any help greatly appreciated
We are a Private Hire operator.
Private Hire are only able to pick up customers that have pre-booked their journey. They can do this anywhere, as long as it’s booked. Hackney Carriages can operate on a Private Hire basis in the same way. Private Hire are not allowed to tout for business in a stationary position. Hackney Carriage are not allowed to tout for business in a stationary position UNLESS they are on a designated taxi rank although they MAY stop on a hail.
It was this that prompted the uni to look for an organised way to get people home safely.
The security company looking after the event effectively acted as taxi marshalls, calling and booking my cars to pick up from the exit.
The pick up point is not a designated rank, so it would be illegal for ANY cab, private hire or otherwise to tout for business there. We were awarded the exclusivity, and the security company enforced it and helped us to make every pick up legal and above board.
The majority of the local operators are Hackney Carriage.
All hell broke loose. Mostly borne from jealousy I would imagine (this event was pretty much the only thing happening in town last night). Sorry, but you snooze, you lose.
They lost, but then decided to get militant about it. Threats, besmirching our name and goodwill etc.
Several of the drivers had to be escorted off the premises for abusive behaviour. Luckily, we had the security there or it would have been very ugly. Although at one point a rival driver used his car as a weapon and drove through the security cordon.
Tossers.
I've gone on a bit of a rant, but we were perfectly legal. We are the approved supplier for the uni anyway.
I am pleased to say that none of my drivers retaliated or made comment – surely a sign of good recruitment practice and management.
Cheers
Private Hire are only able to pick up customers that have pre-booked their journey. They can do this anywhere, as long as it’s booked. Hackney Carriages can operate on a Private Hire basis in the same way. Private Hire are not allowed to tout for business in a stationary position. Hackney Carriage are not allowed to tout for business in a stationary position UNLESS they are on a designated taxi rank although they MAY stop on a hail.
It was this that prompted the uni to look for an organised way to get people home safely.
The security company looking after the event effectively acted as taxi marshalls, calling and booking my cars to pick up from the exit.
The pick up point is not a designated rank, so it would be illegal for ANY cab, private hire or otherwise to tout for business there. We were awarded the exclusivity, and the security company enforced it and helped us to make every pick up legal and above board.
The majority of the local operators are Hackney Carriage.
All hell broke loose. Mostly borne from jealousy I would imagine (this event was pretty much the only thing happening in town last night). Sorry, but you snooze, you lose.
They lost, but then decided to get militant about it. Threats, besmirching our name and goodwill etc.
Several of the drivers had to be escorted off the premises for abusive behaviour. Luckily, we had the security there or it would have been very ugly. Although at one point a rival driver used his car as a weapon and drove through the security cordon.
Tossers.
I've gone on a bit of a rant, but we were perfectly legal. We are the approved supplier for the uni anyway.
I am pleased to say that none of my drivers retaliated or made comment – surely a sign of good recruitment practice and management.
Cheers
KingRichard said:
And I want them to pay for damaging my business.
First, establish a head of liability. There's no contract between you and them, so you'll be looking for an actionable tort. IANAL any more, so I won't weigh in with an out-of-date opinion on whether or not you have one.Only other possibility would be trying to pursue a criminal prosecution with a compensation claim as part of it - but that's very much at the discretion of the court.
Tol
Anatol said:
KingRichard said:
And I want them to pay for damaging my business.
First, establish a head of liability. There's no contract between you and them, so you'll be looking for an actionable tort. IANAL any more, so I won't weigh in with an out-of-date opinion on whether or not you have one.Only other possibility would be trying to pursue a criminal prosecution with a compensation claim as part of it - but that's very much at the discretion of the court.
Tol
Thanks for your comments by the way, and to Eric
I was just wondering what type of contract was in place securing you the exclusivity of the "pick ups". Obviously, if a contract was in place then you would have a legal case in civil law. However, the other area is criminal law where the behaviour of the other drivers might be construed as unlawful and open to prosecution.
However, would the fight be worth the effort?
Eric Mc said:
I was just wondering what type of contract was in place securing you the exclusivity of the "pick ups". Obviously, if a contract was in place then you would have a legal case in civil law. However, the other area is criminal law where the behaviour of the other drivers might be construed as unlawful and open to prosecution.
However, would the fight be worth the effort?
I don't need the police involved to prosecute though do I?
And yes, it is most definitely worth the effort. I'm sick of these idiots thinking that they are entitled to things I've paid for with money and relationship building. It's pretty much constant crap, but it came to a head on Friday.
Once I've assessed our position, I really would like to seek damages / prosecute.
Personally, I would get my solicitor to write a 'stiff' letter to all the parties involved warning them of the potential consequences of their actions (and the actions that you could take). Also if they were registed Hackney Carraiges then send a further letter to appropriate licencing body. Send it out, then get on with running my business.
IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
DavidY said:
Personally, I would get my solicitor to write a 'stiff' letter to all the parties involved warning them of the potential consequences of their actions (and the actions that you could take). Also if they were registed Hackney Carraiges then send a further letter to appropriate licencing body. Send it out, then get on with running my business.
IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
Thanks for your opinion.IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
Letter from a big hitting lawyer would probably do the trick. Now to find one that's a PH'er and will help me out
KingRichard said:
DavidY said:
Personally, I would get my solicitor to write a 'stiff' letter to all the parties involved warning them of the potential consequences of their actions (and the actions that you could take). Also if they were registed Hackney Carraiges then send a further letter to appropriate licencing body. Send it out, then get on with running my business.
IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
Thanks for your opinion.IMHO you can really get sidetracked over these sort of issues, dealing with them (especially when you take personally) is not good for your business or your health.
davidy
Letter from a big hitting lawyer would probably do the trick. Now to find one that's a PH'er and will help me out
richburley
vesvious (i forget the rest)
Im sure there are more.
If it's protection money they are after they are barking up the wrong tree.
We are security cleared government drivers (technically I can get right up to the big black door of a certain street near whitehall).
I employ a couple of guys who are ex-Para's and a few bouncers on their nights off. We ain't about to get intimidated. I just don't want anything kicking off... I know we were being provoked and that's the whole point I know. I've got some youngsters, and some nice bumbly old boys on the firm and I really didn't want it escalating (It would have I am absolutely certain).
I've heard feedback from some of the other hackneys (ie: the ones that steered clear) that they were impressed with how I handled it. I'm VERY aggressive in taking new business, so I think they expected me to also be physically aggressive, despite my diminutive frame
How would I go about getting CCTV footage? Is there a central agency or is it run by the police?
Thanks mate
We are security cleared government drivers (technically I can get right up to the big black door of a certain street near whitehall).
I employ a couple of guys who are ex-Para's and a few bouncers on their nights off. We ain't about to get intimidated. I just don't want anything kicking off... I know we were being provoked and that's the whole point I know. I've got some youngsters, and some nice bumbly old boys on the firm and I really didn't want it escalating (It would have I am absolutely certain).
I've heard feedback from some of the other hackneys (ie: the ones that steered clear) that they were impressed with how I handled it. I'm VERY aggressive in taking new business, so I think they expected me to also be physically aggressive, despite my diminutive frame
How would I go about getting CCTV footage? Is there a central agency or is it run by the police?
Thanks mate
Edited by KingRichard on Sunday 15th June 18:04
KingRichard said:
RichBurley said:
anonymous said:
[redacted]
Thanks for the heads up Tonker - litigation disputes are the name of my game, so this kind of issue is right up me street and my contact details are on my profile!Regards
Dave
RichBurley said:
KingRichard said:
RichBurley said:
anonymous said:
[redacted]
Thanks for the heads up Tonker - litigation disputes are the name of my game, so this kind of issue is right up me street and my contact details are on my profile!Regards
Dave
Thanks Tonks for giving him the heads up
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