Taxi soiling charges?

NoQuarter

read the charter and am aware no legal advice can be give but i was in this situation a few months back so im just wondering how i could have dealt with it in hindsight:

i came out of a pub one night and hopped in a taxi and just as we started to drive i dropped my can of coke on his floor and picked it up quickly, the driver pulled over and start trying to get 120 euro off me for spoiling charges, i didnt have the money on me so the guards came over and took my details. the next day the gards obviously had given my number to the taxi driver and he rang me to arrange to meet him to pay him, also he claimed that there was wedges or taco on the floor that i had dropped but i hadnt, it was just a drop of coke, he claimeed he was off the road because of it and that he had to get the taxi a valet, i just paid him the money anyways

so as im studying law now i was just wondering if this was the right move? is there any legislation on the matter about spoiling charges?? and were the guards right to give out my number??

thanks,
stew.

patto_chan

I'm not a legal eagle but it sounds like you got hosed - 120 Euro for spilling some soft drink.
What would that taxi-driver do to people who step in a puddle before getting in his cab? demand payment for damp floors?

Maybe he was p1ssed off after a series of spillages (the previous occupants' tacos for example) and decided you were it.

Make a complaint to the taxi regulator? (if you got his number)

Next time try giving a false name to the Gardai: 'I am Buzz Lightyear - I come in peace." ***


*** Please not that this does not constitute sound legal advice and should probably be ignored.

Overheal

patto_chan wrote: »

Next time try giving a false name to the Gardai: 'I am Buzz Lightyear - I come in peace." ***


*** Please not that this does not constitute sound legal advice and should probably be ignored.

+1

dats_right

OP, afraid the two other posters are wrong. The taxi man was well within his rights to charge yoy for your carelesness, a soiling charge is provided for under the Taxi Regulation Act 2003 (Maximum Fares) Order 2006. http://www.taxiregulator.ie/files/legislation/20060920012634_2006_SI_438.pdf

Next time be more careful:D

NoQuarter

yeah i assumed there was a regulation out there sayin that but "soilage charge 125 euro where applicable" is extremely vague and very black & white!

as above poster mentioned about damp boots etc etc....

Nevyn

Well next time if there is one take pictures of the 'soilage'.

listermint

I agree. Very Vague. To me it would consitute throwing up the contents of your stomach, taking a dump or doing number ones on the seat. "soiling" is vague. I dont think a small patch of soft drink puts anyone "off the road" utter waffle imo.

CantGetNoSleep

Ya should have done a legger boy

Our man in Havana

Also if a person is iniberated do they lack the capacity to agree to the terms of use of the taxi?

CantGetNoSleep

There would surely be serious policy implications if they did, as this soiling fee is aimed at iniberated patrons it seems

johnnyskeleton

I suppose you could argue that it is an unfair term under the unfair terms in consumer contracts directive on the basis that it doesn't account for the variety of soilages that can occur. €120 for puke or other bodily fluid sounds reasonable, but for a small spillage of coke which could be cleaned up with a tissue is quite unfair.

You probably wouldn't get anywhere with this argument, but if you think about it, if you caused more serious damage to a the taxi e.g. smashed the windscreen, I'm sure the taxi driver would be entitled to sue you for the damage.

Wishbone Ash

patto_chan wrote: »

it sounds like you got hosed - 120 Euro for spilling some soft drink

listermint wrote: »

I dont think a small patch of soft drink puts anyone "off the road"

In fairness we only have the OP's version. I'd say if we got the other side of the story, the spillage may be a lot more significant.

Victor

The soiling charge is for where the damage was enough to put the taxi out of action and needing a valet. I suspect this wasn't the case.

However, soft drinks are sticky when they dry and attract all sorts of dirt.

Bond-007 wrote: »

Also if a person is iniberated do they lack the capacity to agree to the terms of use of the taxi?

My law lecturer explained it as follows "If you are sober enough to order more drink, you are sober enough to be liable to pay for the drink."

Same goes for taxis.

Frankiestylee

I had a similar experience where one of the lads in the car with me got sick a little bit sick. There was no explosive vomit session etc, he had a bag infront of him that took the brunt and there was a small smear on the plastic door of the car. The taxi driver gave us a black plastic bag for the bag which he put in the boot and we wiped the plastic door with a tissue.
The taxi driver had mentioned a soilage charge before we cleaned it and the cab was now spotless so we proceeded on, thinking it was forgotten til he asked if we had the cash on us. He threatened to take us to the gardai and we figured he was out for a quick buck so we said fine, take us to the station.
While the lad who got sick and the taxi driver went into the station I started taking photos of the car etc from various angles. There was no sign of sick etc and there was no smell in the car. The garda came out, took a note and went back in. My mate had to pay the fine. After the taxi driver drove off the guard came back out and told us we'd been ripped off and that he couldn't do anything because the law didn't mention a degree of soilage and there was no sliding scale for damages.
Quite annoying, especially since the taxi driver went back into town, no doubt for another fare.

padser

king-stew wrote: »

and were the guards right to give out my number??

This is by far the most disturbing part of your story. Obviously its completely illegal for the guards to pass on your personal details to the taxi driver.

dermot_sheehan

The charge is implied by law, the question is whether it was soilage under the term implied into the contract by law.

The taxi driver can detain you for not paying and deliver you to the guards under s. 8(2) Criminal Justice (Fraud and Theft) Offences Act 2001 for making off without payment.

He could also sue you for the €125, if you feel you've been ripped off you could sue him or contact the taxi regulator.