i need information from a private company

[labman]

Re: i need information from a private company

I don't think the OP's issue is with the driver taking a break - this is commonplace on any coach journey. It's the fact that the driver was rude, AND after the break still did not take her to her stated destination.

[bambisoloved]

Re: i need information from a private company

dear labman

you are right this is the issue
the driver did not take me to my destination and therefor broke his contract with me or eurosun the coach company did
when i take eurosun to the small claimes court i need evidenc to prove that he didnt take me to ikea because he ran out of drive time so i need to get a copy of his log book for that day
i cant use the freedom of information act because this for getting info from public bodies i cant request a subject accsess through data protection because this is for getting info only about you personally
i need this log book which is realy about the driver
i am wondering is there is any legal way of getting this log book


bambisoloved

[Hurricane Puffrose]

Re: i need information from a private company

Only way to do it is a letter with a court number on it.

That way the coach company has legal proof they are not breaking the DPA.

[labman]

Re: i need information from a private company

i need evidenc to prove that he didnt take me to ikea because he ran out of drive time so i need to get a copy of his log book for that day
bambisoloved

I don't think it would be the logbook, I think it would be the tacograph you need. You then run into the problem I mentioned earlier that it is cheaper for the tacos to 'disappear' than to be found to be driving over their hours.

If the taco has 'disappeared' you really have no way of proving your case.

Did the driver actually say to you he would not take you to IKEA because he had run out of hours? Were there other passengers supposed to be going to IKEA who would act as witnesses? Did time permit a visit to IKEA if he was within his hours? Was there any significant hold up on your journey which would have led to his being out of driving hours? How far was the journey and over how many days was it spread (was it one that should really have had a second driver)?

I'm trying to play devil's advocate a bit to see if there's any other evidence you could bring to bear.

[bambisoloved]

Re: i need information from a private company

dear labman

i appreciate your help

sorry i dont know what a tacograph is
when the bus driver pulled up at lakeside i asked him to take me to ikea as per booking and showed him my ticket which says destination lakeside/bluewater/ikea he told me he had to take a 45 minute break
he was abrupt and was walking off as he was talking to me
he didnt actually say the words i have ran out of driver time but it seems likely as i found out later about drivers having to take a break after so many hours
i would have waited untill his break had finished so he could take me but he was in a hurry and didnt want to deal with me
i was the only one going to ikea the other passengers stayed on the bus i am not sure where they were going i assume bluewater
i have no way of knowing the answears to your other questions

i do know that i booked 2 tickets to be taken direct to ikea and eurosun took my money and then wouldnt take me and my grandaughter i had no idea where or how far ikea was from lakeside so i had to take a taxi i have since learnt that it is nearly a mile and takes 20 minues to walk if you know where your going
the reason i took a coach in the first place was to have no hassels like this

as you can tell i am still angry about it
it spoilt the whole day and made my grandaughter cry



bambisoloved

[charitynjw]

Re: i need information from a private company

Tachographs: the basics

Introduction

Tachographs are devices that record information about driving time, speed and distance. This information is used to monitor compliance with drivers' hours rules.
If you drive a bus, coach, lorry or other vehicle under the European Union (EU) drivers' hours rules or the European Agreement concerning the work of Crews of Vehicles Engaged in International Road Transport (AETR) drivers' hours rules, you will almost always need to use a tachograph. However, if the vehicle you drive is exempt from the EU drivers' hours rules, you will not have to use a tachograph, even if one has been fitted to the vehicle.
There are two types of tachograph: analogue and digital. Analogue tachographs record the driver's periods of duty on a wax-coated paper disc, while digital tachographs store the information on an electronic 'smart card'.
By law, all commercial vehicles first registered on or after 1 May 2006 must be fitted with digital tachographs. However, you can continue to operate an analogue tachograph in any vehicle registered before that date.
This guide explains what analogue and digital tachographs are, when they need to be used, and what you - as an operator or driver - need to do to comply with the rules on their use.


More info on http://www.businesslink.gov.uk/bdotg...cId=1082073334

[bluebottle]

Re: i need information from a private company

There is a provision under Section 35, Data Protection Act 1998 which should enable you to obtain the print-out of the tacho on the coach you travelled on. If I remember correctly, weren't VOSA supposed to be investigating this?

[charitynjw]

Re: i need information from a private company

Link to previous thread http://www.legalbeagles.info/forums/...ad.php?t=32797

[charitynjw]

Re: i need information from a private company

My thoughts on this - PLEASE tell me I'm wrong, guys.

The driver stopped for a break, in so doing (maybe) complied with Road Transport (Working Time) Regulations.
The tacho may even support this.
He was rude, & possibly even refused to go to Ikea.
But how does the OP prove that fact?
And proof will be needed for court (I doubt that he will readily admit it).
He might even suggest that the OP decided not to wait, & organised alternative transport, as it was a relatively short distance.
Pick this to pieces.......please!!

[bambisoloved]

Re: i need information from a private company

thank you everyone for your replies

dear bluebottle

thats useful info about getting a print out of the tacho
and useing the data potection act to get it

yes your right vosa is soposed to be looking into this but i have had no feedback from them at all
see my last post to you on my eurosun complaint
i am not sure if i should write to them and ask what is happening or just wait


bambisoloved

[labman]

Re: i need information from a private company

My thoughts on this - PLEASE tell me I'm wrong, guys.

The driver stopped for a break, in so doing (maybe) complied with Road Transport (Working Time) Regulations.
The tacho may even support this.
He was rude, & possibly even refused to go to Ikea.
But how does the OP prove that fact?
And proof will be needed for court (I doubt that he will readily admit it).
He might even suggest that the OP decided not to wait, & organised alternative transport, as it was a relatively short distance.
Pick this to pieces.......please!!

Chaz,

See post 19. Unfortunately that's what I'm saying there. There is no doubt the OP has been wronged, but proving anything is a different thing altogether.

My feeling is this would best be pursued through a formal complaint to the trip provider, NOT the coach company. The providers take these seriously. A contract round here has gone round 4 companies I know of, which would indicate coach companies don't take them too seriously.

Having done the feeders for my nephew's coach company for two years, they are a pain, and much as I hate to say it, many of the passengers are as well.

I am not for one moment suggesting this about the OP, there is no doubt she did not get the service she should have. However, the tour operator will do more I think than anyone else. Sadly In my opinion court proceedings would not get very far.

If this is the route taken, I wish the OP the best of luck. I think a less formal route wod be more appropriate though. Purely a personal opinion.

[bambisoloved]

Re: i need information from a private company

dear charitynjw

i think if i have the tacho information confirming that he ran out of drive time and had to stop at lakeside it proves he didnt take me to ikea
i know he may lie and say he offered to take me to ikea but at least if i have the tacho proof it will show that i am telling the truth about this and maybe the court will believe the rest of what i say to them i have other evidence
i have my excurtion ticket saying destination ikea and there website advertises ikea as a day trip
i cant get any witnesses as i have no way of finding out who the other passengers are. if i did i am sure they would be a witness for me because they were appalled at the way i was being treated by the driver

bambisoloved

[charitynjw]

Re: i need information from a private company

Hi bambisoloved,

Sorry for the 'negativity' of the previous post.

This may seem a daft question - who exactly did you make your payment to?

[Hurricane Puffrose]

Re: i need information from a private company

I have to say I agree with Charity, if the driver only took a break and the OP took a cab, there is no hard evidence that he refused to continue, if the drivers days hours were up, he would be correct in refusing to move, and i hate to say it, if it states in the conditions of carraige he is permitted to do it, theres not a lot the OP can do.

Unless there can be hard evidence to say he refused to continue, apart from reaching his hours, its the OPs word against his.

[TUTTSI]

Re: i need information from a private company

A tacho would not help that much IMHO because it just records the miles, speeds and breaks, it does not state destinations or from a start postion.

I used to analyse tachos at a previous job and honestly it wont state where you started and where you stopped and where you should have gone so do not see how it is really relevant in your case.

Your complaint hinges on the terms and conditions of the ticket and whether the detination formed part of the contract. It is the contract that has been broken ie you paid for a fare to a destination and the driver did not take you. The proof is in the ticket and what pacifically if it clearly states that the purchased ticket where it was going to.

I take it there were other people on the coach? were they all going to lakeside?

You have have bought the ticket on the understanding that that is where you were going but may be they did not tell the coach driver and again if he was caught in traffic he would have to stop for his break as he could loose his licence if he did not take sufficient breaks.