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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience:  30 years as a practising solicitor.
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I am a self-employed Taxi Driver, in Scotland, working under

Resolved Question:

I am a self-employed Taxi Driver, in Scotland, working under the umbrella of a Taxi Company (TC). I pay 10% on all Account Work which I understand is a service-administration charge because they are providing me with the service of collecting outstanding accounts from the account holders. I also have to wait two months since this is the alleged time it takes to be finalised.
Recently, through the TC mistake, a customer missed their train. Subsequently I was tasked to take them from A-B and the TC would pay the costs. (pay me the fare).
On my return I was informed that because the company was paying the fare it had to go through the TC accounts and was therefore classified as an account job. This means I would now be charged 10% of the fare and have to wait two months money.
Whilst I understand that the company needs to track expenditure. To my mind this was an internal job with no third party account holder to administer therefore there should be no requirement to levy a 10% charge or to wait two months to receive payment. Likewise I see no reason why it cannot be paid in cash.
Please advise.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question.
I agree with you. You were in fact hired by the taxi company and there's no contractual obligation to extend them credit nor to pay a service charge.
How you enforce that is a different issue of course given that typically taxi owner companies tend to be a bit dictatorial in the way that they deal with their drivers. As a matter of law, however, I think you're in the right here.
I hope this helps. Please leave a positive response so that I am credited time.
Customer: replied 2 years ago.

Thanks . Before I close, is there any case or example I can use to strengthen my argument.

Expert:  JGM replied 2 years ago.
There's no specific case on all fours that I'm aware of. However, a contract is an offer and an acceptance and you can't impose conditions into a contract afterwards without the consent of both parties.
Leading on from that, what's happened here is that you were asked to do a job by the taxi company and there was no agreement that this was a credit hire nor that the terms and conditions of a credit hire would apply. So by the pure law of contract they are wrong and you are due a "normal" fare.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10650
Experience: 30 years as a practising solicitor.
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