How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM, Solicitor
Category: Law
Satisfied Customers: 9984
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

Hi. I am a disabled person, using a wheelchair. I drive

Resolved Question:


I am a disabled person, using a wheelchair. I drive using a push/pull brake/accelerator. I believe I'm entitled to purchase a car VAT free.
However I am repeatedly finding dealers refusing to sell me a vehicle VAT free. I want a Skoda Superb because of the way the rear seat flips up, which will allow me to roll the wheelchair in through the rear passenger door and step in to the driver's door. This is the only car that I know that does this, so my options are limited.

The dealer who I first went to said that I 'either pay the full VAT or don't buy the car'. I believe this to be in breach of the Section 29 of the Equalities Act 2010, Provision of Services. on the basis of refusing to provide the service or subjecting me to a detriment. I have tried to contact the dealer management, including requesting their complaints procedure and they are simply ignoring me. I wouldn't buy a car off them now anyway due to the way they have treated me.

I have contacted Skoda UK repeatedly. Initially I suggested it was a "training issue" and hoped they would be positive in supporting me. They repeatedly say that this is a "sales issue" and therefore nothing to do with them. I have contacted other Skoda dealers who clearly don't understand the VAT situation, including one dealer who said I was "wrong" and that only the adaptation is VAT free.

I am concerned that this practice is potentially widespread. Disabled people are either being manipulated in to the Motability scheme (I keep being told about it despite wanting to buy a car) or they are paying 20% more than they are legally required to.

Do I have a case to sue under the Equalities Act?
Can I sue both the franchisee and franchisor?

Thanks, Keith
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You have a case but not under the Equality Act 2010 as there is no discrimination between you and a non disabled person in this instance.

Your case is quite simply under the VAT legislation. As long as the vehicle you buy is adapted for your disability there is no VAT payable on either the vehicle or the adaptation.

Here is the HMRC guidelines for you:

The issue is that the car has to be adapted before the purchase, not after.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Hi JMC, thanks for the response.


So it doesn't come under Section 29 (2)(c) "by subjecting [me] to any other detriment" by refusing to charge VAT correctly?


I sent the link to the VAT guidance in my original email. How do I bring a case on the basis of refusing to sell to me at zero VAT?


Thanks, Keith

Expert:  JGM replied 2 years ago.
No it doesn't as there is no discrimination between you and a non disabled person. They are simply refusing to zero rate the purchase, not discriminate against you as a disabled person.

Did you complete the form and give it to them. If so and they refused to sell you the car without charging VAT then you remedy is to report them to HMRC for a breach of the VAT regulations. That may trigger a VAT inspection which they certainly won't want.
JGM, Solicitor
Category: Law
Satisfied Customers: 9984
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice