Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    zufoant Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2009
    I am in
    Rutland, UK
    Posts
    2

    Default Life threatening mistake by bus company!

    Hi All,

    This is pretty unbelievable, but it has just happened to me and I need to get some advice from people on this forum on how to proceed. In my opinion, this situation could have been life threatening and it's as a direct consequence of the bus drivers actions.

    Last Thursday I was traveling home on the bus when it had just started to snow. I was going from the city to a rural location about 20 miles away.

    About half way through the journey the driver said he was going to drop us off about 3 miles from our destination due to lack of driving hours left and also due to the bad weather. I asked the driver what we was meant to do and just got the reply of "Not my problem".

    A few miles later the traffic started moving very slowly and someone on the bus was told (via mobile phoneicon) that there was an accident ahead. The driver was informed of this and he then told us we would now be dropped of about 8 miles from our destination.

    Before we got to the place he said we would be dropped off, I repeatedly asked him what we was meant to do. I also asked to use his phone to call someone (the one day I leave my mobile at home!) and he refused.

    When we reached the place that he said we would be dumped at, I again asked what we were meant to do. At this point I think I had asked the same question too many times and was promptly told "No my F***ing problem, I have to get home too". At this point he open the door when I gave him a load of abuse and I exited the bus.

    At this point it was an eight mile walk to where we should have been dropped off and the temperate was about freezing with snow/sleet coming down. To top things off, this was a major trunk road with no pathway so I had to walk on the side of the road with cars slipping and sliding very close to me. After about an hour of walking the weather changed to rain and I got soaked and very, very cold (hands and feet going completely numb).

    I think I was very luck that someone eventually picked me up after about 6 miles - it's a bit sad that all the other drivers that went past didn't bother even when I tried the thumb out, but I suppose this is just a sign of the times.

    Eventually I got home and immediately emailed the bus company and they responded the next day by email and a telephone callicon. In the email I was told that the driver has been suspended pending charges of gross misconduct. In the telephone callicon I was offered the 'enormous' good will gesture of one weeks free travel. Needless to say I said that wasn't enough; it wouldn't even cover my wages due to a lost day from work on the following day.

    So, I would like to hear how people think I should proceed with this matter? I would love to go straight to a solicitor and ask them to do what they are good at, but funds are very limited and I would find it hard to pay for legal advice if this gets drawn out.

    Thanks for your time in reading this and any response/help you can give me.

    Steve


  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    cadencealex Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    809

    Default Re: Life threatening mistake by bus company!

    That is absolutely dreadful!!!

    Report it to the local newspaper See what they say... it is a horrifying story that beggars belief!

    Are you male or female? I would have been very upset had that been me.. well.. hopping mad actually and my temper would have kept me warm on the walk home

    But still... just because he's been sackedicon doesn't mean you don't have cause for concern! And a weeks free bus travel?! As if you would want to use their service again!!!!


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Bus no 808 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    Posts
    18

    Default Re: Life threatening mistake by bus company!

    When you are in work, and someone asks you to risk your job and a fine, I presume when you say NO and you get abuse for it, you will think twice before asking yourself.

    When VOSA checks that driver's Tachographs the next day/week/month /year (They do and will) and they find that he "went over his hours" They report it, and you try telling the Magistrates why you did it.

    Would YOU be the first in the queue to pay the fine? I don't think so.

    As for the bus co telling you the driver was suspended, I doubt it. They probably say that to every passenger complaint.

    From reading your post I would say the weather conditions and an RTA were to blame, as for your predicament, that was a consequence.


  4. #4
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch Authoritative hallowitch's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2008
    Posts
    5,481

    Default Re: Life threatening mistake by bus company!

    i would have thought that the bus driver should have phoned the bus company and the bus company should have sent another bus and/or driver

    and then the passengers would have a choice of waiting for another bus or finding there own way home


  5. #5
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady Authoritative Goldlady's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2006
    I am in
    Tyneside
    Posts
    3,869

    Default Re: Life threatening mistake by bus company!

    But surely if he was going to exceed his driving hours he should not have been scheduled to do that journey in the first place In which case that places the responsibility firmly on the bus company.


  6. #6
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    poppynurse Informative poppynurse Informative poppynurse Informative poppynurse Informative

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    1,332

    Default Re: Life threatening mistake by bus company!

    How many passengers were affected?

    I would have expected the bus co to send out another bus/driver if the weather conditions were that bad that the journey took significantly longer than expected and the driver was at risk of going over his hours.


  7. #7
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    poppynurse Informative poppynurse Informative poppynurse Informative poppynurse Informative

    Follow Real_CAG on Twitter

    Cagger since
    Oct 2006
    Posts
    1,332

    Default Re: Life threatening mistake by bus company!

    Quote Originally Posted by Bus no 808 View Post
    When you are in work, and someone asks you to risk your job and a fine, I presume when you say NO and you get abuse for it, you will think twice before asking yourself.

    When VOSA checks that driver's Tachographs the next day/week/month /year (They do and will) and they find that he "went over his hours" They report it, and you try telling the Magistrates why you did it.

    Would YOU be the first in the queue to pay the fine? I don't think so.

    As for the bus co telling you the driver was suspended, I doubt it. They probably say that to every passenger complaint.

    From reading your post I would say the weather conditions and an RTA were to blame, as for your predicament, that was a consequence.

    Are you saying that the driver was right to evict passengers from his bus, refuse use of a phone and abandon them on a road with no foot path in appalling weather? And that the company had no duty of care?


  8. #8
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative pompeyfaith Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2007
    I am in
    Where the ball did not cross the line
    Posts
    5,403

    Default Re: Life threatening mistake by bus company!

    those drivers and the company are well versant on taco and vosa laws they also take weather conditions in to account when sending drivers out


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    zufoant Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2009
    I am in
    Rutland, UK
    Posts
    2

    Default Re: Life threatening mistake by bus company!

    Just to add a bit more background to the story, here is the response I had from the company on the day after the incident:

    Dear Mr xxxxxxxx

    Thank you for e-mail regarding your journey home

    I am at a total loss why my driver acted in this way and his actions were completely wrong.

    He had received NO instruction from the depot to cut this service due to the weather and he was not out of hours as he stated.

    This is a regular driver of this route and operates the same shift daily so I would expect him to known better.

    Due to his totally unreasonable behaviour the driver has now been suspended for gross misconduct which may lead to his dismissalicon due to the fact this is not what we expect from a member of staff towards the passengers he is in charge of and on such a rural route.

    If you wish to take it further as stated in your letter that it up to yourself but i can assure you that this is being taken very seriously and action has been taken immediately.

    I am very sorry for the very poor service you were given last night and I do hope you are now feeling warm & well

    Once the driver has been formally seen ( Monday ) I will contact you. In the meantime if you need to contact myself directly you can do so 0116 xxxxxxx

    Many Thanks
    Operations Director
    I will be having a think tonight about how to approach the bus company tonight to express my thoughts about this situation and ask for some form of compensation.

    Does anyone have a link to any suitable letters I could base my response on?



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE