Taxi driver convicted after overcharging wheelchair using passenger

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.”