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Rugby Cement pays £4,500 in trailer row
Page 7
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A FORMER Rugby Cement subcontractor has won more than £4,500 from the company for breach of contract, opening the floodgates for more than 100 similar cases.
Carl Baxter says his success at York County Court has paved the way for 105 other owner-drivers employed by Rugby Cement to recoup more than £340,000 they paid to have their trailers repainted after their contracts ended.
Baxter paid £3,260 to cover the cost of refurbishing his trailer under the Independent Contact Haulier agreement. However, he provided evidence that the trailer — which Rugby Cement owned — was not re-sprayed when TNT took over the contract. The court awarded him the £3,260. plus 11,291 in interest.
took them on because I always knew they were wrong when they didn't repaint the trailers," Baxter explains.
"If they painted the trailer there would not have been a problem," he adds. "We were billed for some
thing that had never happened."
Baxter says he is meeting with 39 other owner-drivers who are also keen to get their money back.
RMC Group solicitor Jason Smalley says it employed Baxter "until he pleaded guilty to a variety of serious criminal charges in a
road rage incident". Baxter smashed into cyclist Stephen Kerwin and his daughter Emily in his Range Rover after Kerwin remonstrated with him for driving too close to them (CM 4 September 2003). However, Baxter says the road rage incident came three
years after his contract ended and is not relevant to the trailer issue.
Smalley adds: "Our legal team is currently considering an appeal of this decision. We are not aware of other drivers who have grounds for, or are intending to make, similar claims.