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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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Friday evening i was involved in an incident with a Waitrose

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Friday evening i was involved in an incident with a Waitrose delivery driver. In brief, he was blocking my drive whilst making a delivery elsewhere, I arrived home in the family car with my two children and was unable to get in to my drive. A heated argument with the man ensued when he eventually came back, and I demanded to speak to his management. He dialled the number and handed me the phone. I spoke to a man called Tom who is apparently his manager, but as I was describing what had taken place, the driver decided he wanted his phone back and physically attacked me to get it. Although not seriously injured, I did receive a blow to the cheek, a fingernail was ripped off, and hair pulled out.
I called the police, who responded reasonably promptly (15-20 minutes) I believe the man I was speaking to on the phone also called the police..The female police officer took my details and acknowledged that she could see the mark to my face. The male officer went to the van to talk to the driver. When he came back, he asked what I wanted to do as he was not going to arrest the man due to the fact there would be no evidence - no CCTV. He eventually 'gave him a talking to' and they all left. I had told the police I wasn't very happy with the outcome and that I felt they should have done more - especially as they informed me the man is an ex-boxer and obviously has a job that brings him in to contact with the public in their homes. Is there anything I can do to pursue this as a civil matter, given that the police choose not to pursue a charge?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have the company said if they will deal with this?
Customer: replied 2 years ago.
No, they called about 20 minutes ago and read me a very brief statement saying that as the police were involved they will co-operate with any investigation that happens. It was a very brusque and curt call, so I called the chap I had spoken to after the incident Friday evening. He was more human, but essentially said they will not share the outcome of their own investigation and they won't give me an assurance that the guy won't work in my area.
Your options in the circumstances are as follows:· Pursue a formal complaint with Waitrose and escalating it through their head office. However, they are within their rights to withhold information about the internal proceedings and there is no obligation on them to prevent the person from working in your area. Whether he was working there or not he could always come back to the area in his own personal time anyway· You can make a claim for personal injury but as the injuries you have suffered are minimal you are not really looking at much compensation so may be slightly pointless going to court over it· If the person returns or attacks you again then it could amount to harassment. However, the incident need to have happened on at least two occasions for them to qualify as harassment which is why you cannot pursue that avenue just yet. If it does happen again then the police can of course be contacted again and there is also a civil claim to pursue if needed. These are really your options in the circumstances. I understand they may not necessarily reflect what you were hoping to achieve but I obviously can only give you a realistic and honest response. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
I wasn't really thinking about compensation, I wanted to ensure he is not working near my home - is there nothing I can do to prevent this? I would have thought this would be the absolute least Waitrose could do, but they refuse. Is there any legal means ( eg a solicitor's letter or something) I can use to 'persuade' them, or any other way I can prevent this guy from coming within a certain distance of my home?
I am afraid you cannot force them to do this. To have any chance of doing that yo would need something like a restraining order issued by the court but that is unlikely at this stage after just a single incident, especially if the police have not been involved further. You can of course engage a solicitor to highlight your concerns and ask for a resolution along the lines you are after but again that is just a request and you cannot force them to do it, i is still down to them whether to implement or not. Hope this clarifies?
Customer: replied 2 years ago.
Yep, thanks. Final clarification - if I do choose to look for a solicitor to outline my concerns, is there a particular specialism I would I be searching for or would this be a general matter?
At this stage it is quite general so you do not need anyone specialising in anything, a High Street solicitor would suffice
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