Capital2Coast - Contract!

LogBurner

Hi,
Like many others, I am embroiled in disputes with this company, and I have just received notification from the IPC that my appeal has been rejected! I am keen to see a copy of the contract between C2C and the landowner, which has been requested numerous times. On their website, under FAQ, it states the following - 'Our contracts between us and the landowner/agents are protected through the Data Protection Act 1998. However, should the case be taken to the county court to recover a debt then it will be produced to the courts'. Surely they cannot refuse legitimate access to this contract, bearing in mind the 'offence committed' is based purely on 'breach of contract'??

The_Slithy_Tove

They are quite right. They don't have to show you anything unless and until it gets to court. If they try court, then you will have to demand the full and unredacted contract at that stage.

The contract you are alleged to have breached is between C2C and the driver, and is (supposedly) set out on the signs. A court would then decide how legitimate that contract is, and whether they are even allowed to offer such a contract by virtue of the contract with the landowner.

HO87

As TST has pointed out the contract between C2C and the landowner is relevant only in terms of the rights/authority it confers on C2C and any ability they have to offer contracts in the first place and then to pursue anyone who breaches those contracts.

The only thing that could conceivably be covered by the DPA in as far as the contracts they purport to have with the landowner is the landowner's name and address. Given that you are attempting to assert your legal rights (indeed they are obliging you to do so) then the everyday duty they have not to disclose personal data is relieved by virtue of s.35 DPA which allows them to do so in these circumstances. They may off course be exercising a "surfeit of caution" but I suspect it has rather more to do with being awkward rather than anything else. I mean, no one would imagine for a moment that such a contract wouldn't confer the rights they are attempting to claim. Would they?

Coupon-mad

It's probably binding between the landowner and C2C as it's a matter between them and after all it's not the end of the World for the PPC as they are still a member of an ATA. I don't expect the landowner cares - and one dodgy clause in a contract doesn't negate the entire contract. You will not win an IAS appeal by concentrating on the landowner contract issue. In post #3 of the newbies threads I have started a link about 'How to win at IAS' and Dee has also started a thread summarising wins.

Hot_Bring

Ah, C2C !!! I've had a number of run in's with this comedy criminal company. They make Del Boy look above board. They operate out of a dingy box room just off Western Road in Brighton and their 'MD' lives in a council one bedroom flat in Peacehaven.

Scummy scammers through and through who can safely be ignored as they have never done court ( despite lying to their 'customers' that they ALWAYS take non-payers to court ).