Missed Nat Ex Coach due to Uber

Okell

user1977 said:

SiliconChip said:

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

That's why you won, it doesn't prove you were legally in the right with your case...

You are right.  No judge made a decision on the legal merits.  But @SiliconChip put his taxi firm on the spot and they rolled over...

As I've already tried to explain, if the OP in this case made Uber aware of all the circumstances and Uber screw it up, then I think it's a direct foreseeable loss flowing from the breach of contract and not an indirect one.  (When I was student I think we called them indirect losses and not consequential?)

If I were the OP I'd pursue it further with Uber and send a Letter Before Claim if necessary and if they don't pay up make a decision whether to sue or not.

No guarantee of winning but @SiliconChip had no guarantee of winning either...

Okell

Penguin_ said:

Uber cars will always, in my experience, follow the route that their sat nav sends them. I have been in a couple & said "turn left here, it's quicker" & they are incredibly reluctant.

One of many reasons not to use them and to use a properly regulated/licensed taxi/car hire firm

PHK

Okell said:

user1977 said:

SiliconChip said:

I wrote to the taxi company asking them to refund the replacement ticket cost. When I had no response I sent a LBA, and when that didn't work made a MCOL claim. They didn't submit any defence so I was awarded judgement. It was only after instructing baliffs that the company finally responded and eventually paid the ticket cost, all the fees that I'd paid, and an extra £50 for the inconvenience.

That's why you won, it doesn't prove you were legally in the right with your case...

You are right.  No judge made a decision on the legal merits.  But @SiliconChip put his taxi firm on the spot and they rolled over...

As I've already tried to explain, if the OP in this case made Uber aware of all the circumstances and Uber screw it up, then I think it's a direct foreseeable loss flowing from the breach of contract and not an indirect one.  (When I was student I think we called them indirect losses and not consequential?)

If I were the OP I'd pursue it further with Uber and send a Letter Before Claim if necessary and if they don't pay up make a decision whether to sue or not.

No guarantee of winning but @SiliconChip had no guarantee of winning either...

Uber is not a taxi service, you don’t book them. You put a request for someone to take you A to B and the size of taxi you want. Then if one’s available they take you from A to B. 

I don’t think many people would take the risk with a wheelchair etc of trying to hire one 45 minutes before departure. 

 

DullGreyGuy

With Uber you are simply requesting a taxi not prebooking one. There is never a guarantee any vehicle will be available at all at the random time you decide to select one. With a traditional service you prebook them so the guy knows at least the day before he's got an early start.

I've used uber a fair amount and normally it works great but sometimes one is available in 2 minutes sometimes its 1hour so if you need to be somewhere by a fixed time you need to ensure you leave enough contingency or use a different service where the vehicle is pre-arranged for the set time. 

I would say it's disingenuous to say you had no luggage if you had a pram and wheelchair... you may not have had suitcases but both of those things are bulky even when folded up. 

BethRobinson

Okell said:

dave18 said:

... On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot...

Did you tell Uber what the purpose of the journey was (ie that you had to arrive in time to catch a 'bus) and that the luggage included a wheelchair? 

If you did, do you have evidence of telling them that?  (I haven't a clue how Uber works as I wouldn't touch them with a bargepole, but do you have a text, a 'phone call recording or something?)

Who chose the pickup time - you or Uber?

If you told them what the purpose of the journey was, and that they had to transport a wheelchair, and if you have evidence of telling them all that, and if Uber chose the pickup time, then I would argue that having to buy tickets for a later 'bus was not an indirect (consequential) loss, but a foreseeable and therefore direct loss and potentially claimable.

If that is the situation then I'd certainy suggest complaining to them and sending them an LBA if they don't pay up as I don't think this is as clear cut a case of indirect loss as others do.  If they still refuse to pay up you'd need to decide whether you wanted to sue them like @SiliconChip sued his taxi company.  It's a bit of a lottery whether you'd win or lose and even if you did win you might have problems collecting the cash.  

If they didn't know you were catching a coach, if you didn't tell them about the luggage requirements and if you chose the pickup time then that's definitely a consequesntial and you haven't a chance.  Depends how much they knew.

I use an excellent local taxi firm to travel to the rail station regularly.  They always ask if you're catching a train, what time does it depart, and if they think you haven't left enough time they'll tell you.  I suspect Uber don't work like that and it's one of many reasons I would n't use them

No clue how they work, yet wouldn't touch them with a bargepole? How was that decision made?

Okell

BethRobinson said:

Okell said:

dave18 said:

... On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot...

Did you tell Uber what the purpose of the journey was (ie that you had to arrive in time to catch a 'bus) and that the luggage included a wheelchair? 

If you did, do you have evidence of telling them that?  (I haven't a clue how Uber works as I wouldn't touch them with a bargepole, but do you have a text, a 'phone call recording or something?)

Who chose the pickup time - you or Uber?

If you told them what the purpose of the journey was, and that they had to transport a wheelchair, and if you have evidence of telling them all that, and if Uber chose the pickup time, then I would argue that having to buy tickets for a later 'bus was not an indirect (consequential) loss, but a foreseeable and therefore direct loss and potentially claimable.

If that is the situation then I'd certainy suggest complaining to them and sending them an LBA if they don't pay up as I don't think this is as clear cut a case of indirect loss as others do.  If they still refuse to pay up you'd need to decide whether you wanted to sue them like @SiliconChip sued his taxi company.  It's a bit of a lottery whether you'd win or lose and even if you did win you might have problems collecting the cash.  

If they didn't know you were catching a coach, if you didn't tell them about the luggage requirements and if you chose the pickup time then that's definitely a consequesntial and you haven't a chance.  Depends how much they knew.

I use an excellent local taxi firm to travel to the rail station regularly.  They always ask if you're catching a train, what time does it depart, and if they think you haven't left enough time they'll tell you.  I suspect Uber don't work like that and it's one of many reasons I would n't use them

No clue how they work, yet wouldn't touch them with a bargepole? How was that decision made?

Well, I don't know how they work because I've never used them.  But I'm aware of publicity about them that some might consider adverse and which I suppose has jaundiced my view.

For example:

Uber broke laws, duped police and secretly lobbied governments, leak reveals | Uber | The Guardian

Some people might be content with using an unregulated and unlicensed service so long as it's cheap.  I think it's a false economy.  Locally I use an honest and reliable firm that has provided excellent service to me for over 30 years.  If I'm in London I'll get black cab.  Anywhere else I'll use a firm regulated by the appropriate local authority.

If you're only willing to pay peanuts, don't be surprised if you get monkeys.

Zinger549

Okell said:

BethRobinson said:

Okell said:

dave18 said:

... On Saturday had a coach booked from Birmingham to London departing 07:15. Requested Uber at 06:30 for 3 adults a baby. Journey estate of 8minutes on Uber app. No luggage only a wheelchair and umbrella baby stroller. Both easily fit in our Skoda fabia boot...

Did you tell Uber what the purpose of the journey was (ie that you had to arrive in time to catch a 'bus) and that the luggage included a wheelchair? 

If you did, do you have evidence of telling them that?  (I haven't a clue how Uber works as I wouldn't touch them with a bargepole, but do you have a text, a 'phone call recording or something?)

Who chose the pickup time - you or Uber?

If you told them what the purpose of the journey was, and that they had to transport a wheelchair, and if you have evidence of telling them all that, and if Uber chose the pickup time, then I would argue that having to buy tickets for a later 'bus was not an indirect (consequential) loss, but a foreseeable and therefore direct loss and potentially claimable.

If that is the situation then I'd certainy suggest complaining to them and sending them an LBA if they don't pay up as I don't think this is as clear cut a case of indirect loss as others do.  If they still refuse to pay up you'd need to decide whether you wanted to sue them like @SiliconChip sued his taxi company.  It's a bit of a lottery whether you'd win or lose and even if you did win you might have problems collecting the cash.  

If they didn't know you were catching a coach, if you didn't tell them about the luggage requirements and if you chose the pickup time then that's definitely a consequesntial and you haven't a chance.  Depends how much they knew.

I use an excellent local taxi firm to travel to the rail station regularly.  They always ask if you're catching a train, what time does it depart, and if they think you haven't left enough time they'll tell you.  I suspect Uber don't work like that and it's one of many reasons I would n't use them

No clue how they work, yet wouldn't touch them with a bargepole? How was that decision made?

Well, I don't know how they work because I've never used them.  But I'm aware of publicity about them that some might consider adverse and which I suppose has jaundiced my view.

For example:

Uber broke laws, duped police and secretly lobbied governments, leak reveals | Uber | The Guardian

Some people might be content with using an unregulated and unlicensed service so long as it's cheap.  I think it's a false economy.  Locally I use an honest and reliable firm that has provided excellent service to me for over 30 years.  If I'm in London I'll get black cab.  Anywhere else I'll use a firm regulated by the appropriate local authority.

If you're only willing to pay peanuts, don't be surprised if you get monkeys.

Uber is Licenced. I know they lost it in London for a bit but they got it back