Compensation Claim Against TFL *RESOLVED*

[Zinnia]

Hi Guys,

 

As I was getting off a double decker bus in London,

the bus driver deliberately closed the doors on me which caused me to stumble off the bus but I didn't fall.

I felt a bit sore the next day but it didn't last.

 

 

The driver had a hostile attitude when I got on the bus even though I thanked him.

 

 

I lodged a complaint and received a reply a few weeks later that was very apologetic

and said they looked at the video, saw what happened (just as I'd said) and have disciplined the driver

but they can't disclose any info due to their internal disciplinary procedures, etc.

 

 

Bearing in mind that they found that their driver acted maliciously, how should I start a claim for compensation?

 

 

I'm not expecting a massive payout but a token of goodwill would suffice as their driver behaved badly.

 

 

I was going to reply to the email I received and ask who I should write to to claim compensation but I thought I'd see if anyone on here could help first.

[BankFodder]

If you want to then simply write them a polite letter, pointing out sequence of events and that as they appear to have found in your favour because they have conducted a disciplinary against the driver, you feel that they should make a proposal for some reasonable compensation.

 

Frankly I think that it is scarcely worth the candle. You haven't told us that you have suffered any injury or that you have missed your bus or been late for an appointment or that your property has suffered any damage.

 

You certainly wouldn't get a massive payment – and probably something in the region of maybe £50 might be a correct figure.

[ssparks2003]

What loss do you need to be compensated for? injury? damage to property? or just fancy a bung?

[Ganymede]

Unfortunately one day of being in pain won't get you more than a few pounds.

 

Just be thankful it wasn't worse.

[Zinnia]

Thanks BankFodder. I will send them a polite letter as you suggested.

 

My claim is on the basis that I have the right to board and alight a bus without being physically assaulted by a driver that uses the doors as a weapon against me for whatever reason. I don't expect a massive payout but it's simply a matter of principal so I will pursue it.

[rebel11]

The driver clearly wasn't adhering to Health & Safety Training given to him and the 'duty of care' due to passengers, but as pointed out, fortunately no harm came to you, but as suggested do write to them.

[Zinnia]

Thanks for the additional info Rebel.

 

 

An assault is an assault regardless of the lack of serious injury.

I could've visited my doctor and exaggerated my injury but I didn't so I don't expect a huge payout

- that's not what this is about. I

 

 

f the driver was innocent he would not have been disciplined

so this is merely a matter of principal and to deter him from treating other passengers like that in the future.

 

 

We don't know how many times he may have acted in such a malicious manner

towards passengers and gotten away with it.

 

 

I will get on with what I need to do.

Edited November 25, 2014 by Zinnia

[rebel11]

Let us know how you get on.

[Zinnia]

ok. will do.

[andydd]

Interesting..you might want to see my recent thread regarding DPA, it appears though that in your case TfL were happy to tell you certain details.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?437129-Use-of-Data-Protection-Act&p=4653190#post4653190

[Zinnia]

I was physically assaulted so they had to take this matter seriously and tell me something after viewing the bus video. Unhelpful staff are a pain in the rear end but this is different to being assaulted.

[SabreSheep]

Assaulted vs an accident caused by not adhering to training.

 

One is intended, the other is not.

 

Disciplinary could have been for breach of training and or negligence. In fact what he did would have been a failure if he had been on a PCV Practical license examination.

 

Can you prove intent?

 

If you are so sure it is assault maybe you should consult the police as assault is a criminal act.

 

Secondly, you would be entitled to ask for the footage via a subject access request.

 

However I feel you are not looking at much. If he has been disciplined then he wont be doing it again. You could just let it drop.

[andydd]

If you had ripped your trousers or missed a day off work then you would have some 'proof' of a loss, but otherwise as suggested you would find it hard going.

[Zinnia]

Thanks for the helpful responses. The wheels are now in motion.

[Zinnia]

Hi Everyone!

 

I just thought I'd update you all on the outcome of this case. I put in a claim in May and they have now made a goodwill offer of £500 which I have accepted. Clearly, they took this matter very seriously.

[andydd]

Excellent news, Ive amended the thread title.