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i need information from a private company

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  • i need information from a private company

    hello
    i hope someone can advise me
    i need information from a private coach company who provide day trips to the public, i need this information as evidence as i am taking the company to a small claimes court and need this to help my case
    i cant use the freedom of information act because it is for public bodied
    so i thought i could use the data protection and put in a subject request but this is for information about me i need information about a coach driver and when he started work and finished on a cirtain day
    but how can i get it
    i have made an informal request to the company and they have ignored me



    bambisoloved
    Tags: None

  • #2
    Re: i need information from a private company

    Hi bambisoloved

    If it were me, I would contact the company again via a written recorded method (recorded mail, email etc).
    Reference Court ref number, and your previous request of (date).
    Politely request that they send you the info previously asked for (it wouldn't harm to refresh their memory as to the details), or the reason why they won't.
    Remind them of s35 of the Data Protection Act 1998, which exempts them from the usual non-disclosure of 3rd parties during litigation.
    & advise them that if you haven't heard from them by 'x' date (2 weeks seem reasonable?), you will have no alternative other than to refer the matter to the court.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: i need information from a private company

      dear charitynjw
      thank you for replying

      i havent got a court ref number yet
      i am trying to prepare in advance of starting a small claim
      do you think i should start small claim first then do what you have suggested?


      bamisoloved

      Comment


      • #4
        Re: i need information from a private company

        Originally posted by bambisoloved View Post
        i am trying to prepare in advance of starting a small claim
        do you think i should start small claim first then do what you have suggested?
        That would depend on how determined you are to lose. :tinysmile_hmm_t2:

        Comment


        • #5
          Re: i need information from a private company

          I think it needs to be made clear to the coach company that withholding evidence now may well mean they won't be able to produce it later. This is a consequence of non-compliance with the Civil Procedures Rules. If they try to say the driver was within his hours, they must produce evidence now.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: i need information from a private company

            hello bluebottle

            ok, so i should write them a second letter reminding them that if they dont give me the information now they cant produce it in court later
            what if they ignore me which they have done for the last 3 months
            is their any way i can legally force them to give me the information

            i am not sure what cleverclogs means by it depends on if i want to loose?
            whats wrong with trying to get this information before i start a small claim
            once i start a claim dont i have to produce my evidence with the small claim forms i have to fill in?


            bamisoloved

            Comment


            • #7
              Re: i need information from a private company

              Coach companies are notoriously difficult as the penalty for not having the tacograph information at all is far less than the penalty for a driver exceeding the hours.

              I know the owners of several large coach companies, and it is not unusual to see tacographs being burned by drivers, as the penalty for not having the information at all is insignificant to that of being over their hours.

              Comment


              • #8
                Re: i need information from a private company

                What info is it you need hun?
                if its regarding hours etc I can ask Hubby for his book as he is a truck driver and has the legislation for trucks, coaches etc.

                Comment


                • #9
                  Re: i need information from a private company

                  dear puffrose

                  thank you you are very kind to offer

                  please see my oridginal post called eurosun complaint for backround info

                  i need the drivers log book on the day i traveled with eurosun to prove that he ran out of drive time when he parked up at lakeside instead of taking me to ikea which is what i paid for. eurosun deny saying they would take me direct to ikea and say now they told me ikea is part of lakeside and i could have walked there in ten minutes. all untrue i have proof on my excurtion ticket that it says ikea and on their website it advertizes as ikea but the real reason he didnt take me to ikea was he ran out of driver time . he told me he had to take a 45 minute break and was very rude. he could have taken me after his break but couldnt care less
                  instead i was left stranded with my 7 yr old grandaughter who was very upset and not kowing how far it was to ikea had to get a taxi
                  sorry to rant i still feel angry by the drivers attitude and eurosun has compleitly ignored all my letters of complaint


                  bambisoloved

                  Comment


                  • #10
                    Re: i need information from a private company

                    Will ask Mr R to pick his coach driver friend's brain

                    Comment


                    • #11
                      Re: i need information from a private company

                      Originally posted by puffrose View Post
                      Will ask Mr R to pick his coach driver friend's brain
                      Does he have a choice of cerebral cortex? :tinysmile_hmm_t2:

                      Comment


                      • #12
                        Re: i need information from a private company

                        yeh!!
                        kev dont use the one hes got much!!

                        Comment


                        • #13
                          Re: i need information from a private company

                          Just spoken to Coach Driver Mate, he has told me that if the driver had moved the coach even 2 feet over his driving time, he can lose his licence and have a hefty fine.. but he agrees that rudeness is unacceptable.

                          He is going to ask his boss about what a customer will need in order to get a drivers log as he doesnt know.

                          Comment


                          • #14
                            Re: i need information from a private company

                            dear puffrose

                            thank you for that

                            i dont have an issue with the driver taking a 45 minute break at all because its all to do with safety its more to do with the driver leaving the depot knowing he would not be able to take me to my destination which is what i paid for. the driver didnt even offer to take me after his break
                            anyway if i had a copy of the drivers log book it would show the time he left the depot and when and where he stopped. which would prove that even though i paid to be taken straight to ikea he had not in fact taken me to ikea
                            i am intending to take the coach company to small claim court for breaking their contract with me and need this information as evidence


                            bambisoloved

                            Comment


                            • #15
                              Re: i need information from a private company

                              Hey bambi..

                              Ok Kev has just got back to me and said, as per the others, recorded delivery letter to managing director with a court number.. HOWEVER!!!

                              If the case is regarding that he didnt take you to the destination due to hours, he suggested looked at the conditions of carraige, which you agree to when purchasing a ticket.
                              He says in 99.9% of cases the conditions state a journey may be terminated if drivers hours are reached. Normally if you have a ticket the conditions of carraige are on the back, or you can obtain them from the coach office.

                              HOPEFULLY there isnt a clause saying this, *crosses fingers*.

                              Comment

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