Disabled travel pass refused, can i sue?

notrams4me

When i lived in Newcastle i had a free travel pass due to my medical condition (Epilepsy). I moved to Manchester and applied for a pass but was refused. They said i could appeal but would need supporting evidence from my doctor. According to the rules i qualify as i am unfit to drive. My doctor wrote me a letter confirming this and i expected to receive the pass. Instead i got another refusal saying i would need a letter from the DVLA confirming i had been refused a licence on medical grounds. I contacted the DVLA and they said i will have to apply for a licence and pay a £50 fee. My own doctors opinion apparently counts for nothing as they have their own medical team who will decide if i am fit to drive. If they say i am fit to drive i will receive a useless provisional licence and if they agree i am not fit i will get the letter i need but there is no guarantee that i will get my £50 back. As i am on Incapacity benefit and have just spent all my savings on the move i can't afford to lose £50. I have heard Manchester are well known for refusing perfectly valid claims. So my question is can i sue them or is there somewhere else i can take this as i am getting nowhere with GMPTE.

Trialia

That seems rather odd to me. I got a pass from GMPTE with no problems whatsoever, after moving from Staffordshire to Manchester; I am in receipt of higher-rate mobility DLA.

Are you medicated for your epilepsy? Is it effective? If you aren't or it isn't, get your doctor to write another letter specifically stating that, it should make things easier.

notrams4me

I am on clonazepam. It helps but i still have the occasional seizure which means it would be unsafe for me to drive.

dmg24

The following categories are eligible for a concessionary pass:

There are seven categories of disability under which a person can be entitled to concessionary bus travel. An eligible person is someone who:
(a) is blind or partially sighted,
(b) is profoundly or severely deaf,
(c) is without speech,
(d) has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
(e) does not have arms or has long-term loss of the use of both arms,
(f) has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
(g) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.

You fall under the final category. It is up to the local authority as to what evidence they require as to whether you fulfil the criteria, and going by the above definition their requirement is reasonable - no one other than the DVLA can state categorically that you would not be eligible for a driving licence. The LA could be more flexible, but they do not have to be.

Trialia

dmg - that, and anyone in receipt of HRM DLA. Though I would still qualify under D and G anyway.

NT4M - get your doctor to specifically state that your epilepsy is not adequately controlled enough to enable you to safely drive a vehicle, next time, and that may help.

jetta_wales

Maybe if you can find the act that the DVLA will refere to and have your gp quote that stating that they could not give you a license because you still have fits but in the quotable terms that match the above mentioned act?

dmg24

Trialia wrote: »

dmg - that, and anyone in receipt of HRM DLA. Though I would still qualify under D and G anyway.

NT4M - get your doctor to specifically state that your epilepsy is not adequately controlled enough to enable you to safely drive a vehicle, next time, and that may help.

DLA is not one of the categories listed in statute. Concessionary travel is awarded to those on HRM because it is assumed claimants will fall into one of the above categories.

Indie_Kid

dmg24 wrote: »

It is up to the local authority as to what evidence they require as to whether you fulfil the criteria, and going by the above definition their requirement is reasonable - no one other than the DVLA can state categorically that you would not be eligible for a driving licence. The LA could be more flexible, but they do not have to be.

I agree. I know someone also got told "we'll only give you a bus pass if you apply for a driving licence." He did this, sent no money off (he knew he'd be refused) and the person processing his application, sent him a provisional. He phoned up and said that he is banned from driving due to his epilepsy.

toffeecoated

I am sure the doctor has written these before and knows what to put. GMPTE have a terrible reputation for this but what dmg says is correct, they can insist on seeing a refusal letter from the DVLA, although to do so when you have a doctors letter and a pass from another authority does seem to be over fussy. It is unlikely that you would get the £50 refunded as they would probably claim it is an administration fee. But you could see it as paying £50 for a five year pass. I live in Greater Manchester so i know how expensive the fares are. £10 a year for unlimited travel is certainly worth considering, but of course it is supposed to be free. I would try once more. This time tell them you can't afford the £50 fee and send a copy of the pass issued in Newcastle along with a copy of the prescription for the medicine you are taking. If they still won't budge you could try the C.A.B or local welfare rights group. The thing to remember is you are entitled to this pass so you must insist on getting it. Maybe you could try writing to the local newspapers or Granada reports. GMPTE won't want any more bad publicity after the mess they made of the recent upgrade to the tram network.

Indie_Kid

toffeecoated wrote: »

send a copy of the prescription for the medicine you are taking.

This will mean nothing. My dad is medicated and has epilepsy; but isn't banned from driving.

toffeecoated

sh1305 wrote: »

This will mean nothing. My dad is medicated and has epilepsy; but isn't banned from driving.

It might not be much help on it's own, but it is worth sending as much evidence as possible. GMPTE are being deliberately awkward. They know this person is entitled to a pass but they are hoping to save money by refusing the application. If it was me i would take this case as far as possible.