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Bolton driver convicted after overcharging wheelchair user
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Author:  StuartW [ Thu Apr 19, 2018 8:43 am ]
Post subject:  Bolton driver convicted after overcharging wheelchair user
Taxi driver convicted after overcharging wheelchair using passenger

http://www.theboltonnews.co.uk/news/161 ... passenger/

A TAXI driver who twice overcharged a passenger who used a wheelchair has been convicted of an offence under the Equality Act.

A taxi capable of carrying the wheelchair had been booked to take Peter Kelly, with his wife Tracy and her daughter Kerry Battersby, from their home in Westhoughton to a restaurant in Blackrod for Mrs Kelly's 50th birthday celebration.

But Bolton Magistrates' Court heard that driver Pervez Sajid, who had been sub-contracted by Timewise, charged them £17.50 for the five-and-a-half-mile journey.

Peter Horgan, prosecuting, told the court that Mr Kelly, who is disabled, and his family thought the ride, on May 19 last year, was expensive but became concerned when they learned that Mrs Kelly's son, Cllr Ryan Battersby, had made a similar journey to the restaurant in a different cab and only been charged just over £9.

After the meal 58-year-old Sajid arrived to take the Kellys back to their home in Greenfold Lane and, again, charged them £17.50.

Cllr Battersby decided to complain to Bolton Council about the charging and, on May 31, Sajid was questioned by a licensing enforcement officer.

Sajid, of Gilnow Road, Heaton, told the investigator that he had a double-sided card listing the charges for journeys. One side was the rate for carrying up to four passengers and on the other was the charges for a minibus used for four to eight passengers.

He claimed he had looked at the wrong side of the card when asking for payment from the Kellys and told the enforcement officer he would apologise and refund the overpayment.

Mr Horgan told the court that, in total, the Kellys were overcharged by £13.35.

"It is a small amount but it is, of course, the principle to ensure there is no discrimination towards anyone who is wheelchair-bound," said Mr Horgan.

Sajid pleaded guilty to failing to comply with a duty to carry people using wheelchairs without making an additional charge, an offence under Section 165 of the Equality Act 2010, which came into force in April last year.

In a prepared statement read out in court Sajid told magistrates that this was the only complaint about him in the 31 years he has been a taxi driver.

"This has upset my reputation which I am very proud of," he said.

"I am sorry for the mistake and reading the wrong side of the fare card.

"I had no intention of overcharging passengers because one person had access needs."

Magistrates sentenced him to a conditional discharge for 12 months and ordered him to pay £200 towards prosecution costs, plus £13.35 in compensation.

Chairman of the bench David Hendry told him: "You have to understand that taxi drivers are under a duty of care to all their passengers and that, of course, includes disabled passengers."

However, he added: "It is important to recognise that you, Mr Sajid, have been a taxi driver in Bolton for 31 years without a blemish and you offered to apologise and reimburse the monies."

Mr Kelly has been wheelchair-bound for four years after having a leg amputated.

His wife welcomed the outcome of the court case and said she hopes it deters other drivers from overcharging and encourages more wheelchair users to complain if they are being treated unfairly.

"It is more the principle," she said.

"Why should we be charged double for the same journey?"

It is the first time Bolton Council has brought such a prosecution and executive cabinet member for environmental services, Cllr Nick Peel said: "We wrote out to every private hire and taxi driver last year to forewarn them about the new regulations contained in the Equality Act, and that we would not hesitate to enforce its provisions.

"We have now demonstrated our resolve, supported by the magistrates' court, and I hope that this sends a clear signal, to that minority of drivers who may be tempted to flout the law, that will we not hesitate to protect the rights of disabled passengers.”
Author:  Sussex [ Thu Apr 19, 2018 8:56 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.
Author:  StuartW [ Thu Apr 19, 2018 11:08 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
Sussex wrote:
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.


Show trial [-(
Author:  edders23 [ Fri Apr 20, 2018 4:30 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
make an example of someone and hope the rest fall into line :roll:

always works......................................




........................................oh look a flying pig
Author:  StuartW [ Mon Jun 18, 2018 7:41 am ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
Five week suspension for Bolton driver convicted of overcharging wheelchair-user

http://www.theboltonnews.co.uk/news/162 ... hair-user/

A TAXI driver who overcharged a wheelchair user has been suspended by licensing chiefs.

Bolton Council’s licensing and environmental regulation committee banned the hackney carriage driver from operating for five weeks.

Last week councillors considered a report by the authority’s director of place which set out allegations of misconduct against the driver, Pervez Sajid.

They heard the driver made his disabled passenger pay almost twice the fare his firm charged a relative travelling to the same venue — despite the journey only being “marginally longer”.

The complainant also told the licensing unit that the driver had failed to strap the wheelchair in place. This resulted in another passenger having to secure the chair by grabbing it whenever the vehicle turned a corner.

During an interview with the licensing unit, the Mr Sajid claimed he had mistakenly looked at the minibus fares, offered to pay the difference and insisted the wheelchair had been properly strapped in.

However the committee did not “fully accept the driver’s explanation of the circumstances” — partly on the grounds the he had “held a licence for many year and should have been experienced enough to know that it was a long fare for that journey.”

Minutes from the hearing, which was held in private, state: “Members of the public and in particular, the elderly, infirm and children or vulnerable adults entrust their personal safety and wellbeing to hackney carriage drivers whenever they take a journey.

“Passengers often travel alone and are vulnerable to inappropriate behaviour and dishonesty. The committee’s primary duty is of concern for the safety and wellbeing of the public.”

Mr Sajid pleaded guilty to the offence at the Bolton Magistrates Court in April. He received and a 12 month conditional discharge. He was also ordered to reimburse the customer and pay costs of £200. Under the Equality Act 2010 drivers are obliged to charge wheelchair users the same as other passengers.
Author:  heathcote [ Mon Jun 18, 2018 4:28 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
Sussex wrote:
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.



If it was a TAXI(hackney carriage) that was sub-contracted to do the job and he charged the hackney carriage tariff for the 5.5 miles what if anything has the guy done wrong.
Author:  grandad [ Mon Jun 18, 2018 5:06 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
heathcote wrote:
Sussex wrote:
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.



If it was a TAXI(hackney carriage) that was sub-contracted to do the job and he charged the hackney carriage tariff for the 5.5 miles what if anything has the guy done wrong.

He admitted using the rate for 5-8 passengers instead of the up to 4 passengers. Now he says it was a mistake but he did it twice so make your own mind up.
Author:  StuartW [ Mon Jun 18, 2018 8:32 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
heathcote wrote:
Sussex wrote:
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.



If it was a TAXI(hackney carriage) that was sub-contracted to do the job and he charged the hackney carriage tariff for the 5.5 miles what if anything has the guy done wrong.


It presumably wasn't an HC, or the meter would have been on rather than calculating the fare from a mileage card.

If it was an HC then presumably he was breaching the rules by not using his meter?
Author:  Sussex [ Tue Jun 19, 2018 10:20 pm ]
Post subject:  Re: Bolton driver convicted after overcharging wheelchair us
heathcote wrote:
Sussex wrote:
I wonder if a Councillor wasn't involved this would have made court.

The driver was a tit, but in my view this should never had made court.



If it was a TAXI(hackney carriage) that was sub-contracted to do the job and he charged the hackney carriage tariff for the 5.5 miles what if anything has the guy done wrong.

If he hasn't done anything wrong then a) it wouldn't have made court, and b) he wouldn't have pleaded guilty.
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