Blue badge fraud prosecution |
Blue badge fraud prosecution |
Fri, 13 Aug 2021 - 11:49
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#1
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
Hello,
I was caught using a blue badge fraudulently and interviewed under caution. I was told if the council legal department decided to prosecute me this would take ages due to the pandemic. There is a current backlog of two years. I would like to know if the first piece of correspondence to be received would be the actual summons or would the council legal department write to me stating that they will prosecute me? Also is a sentence likely to be a bit less if some years pass between being caught and having the court appearance. FYI I would plead guilty Thanks |
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Fri, 13 Aug 2021 - 11:49
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Fri, 13 Aug 2021 - 11:54
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#2
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Impossible to 2nd guess one council let alone them all!1
As the Police have cautioned you, I'd assume a summons will follow - but only if the Council takes it to court. They may offer some sort of 'fine' and if you accept, there's no court case. If the backlog is indeed 2 years (and maybe growing!) -you've answered your own question? The 'punishment' has no relevance to the time taken (unless you're on remand!!) |
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Fri, 13 Aug 2021 - 12:12
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#3
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
It was the council officer who interviewed me at the council parking premises when I picked up my car after it had been towed.
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Fri, 13 Aug 2021 - 12:26
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#4
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Member Group: Life Member Posts: 24,220 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor).
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Fri, 13 Aug 2021 - 13:12
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#5
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor). That section seems to cover purported (i.e. fake) badges, rather than fraudulent misuse of a legitimate badge. I believe fraudulent use of a legitimate badge is dealt with as fraud by false representation, which is obviously an either-way offence so there is not statutory time limit as such. The reason for this is that the act of displaying the badge is a fraudulent misrepresentation (because you're dishonestly representing that you're entitled to something that you're not entitled to). -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 13 Aug 2021 - 13:13
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#6
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
As an offence contrary to s. 117(1) RTRA 1984 is only triable summarily, it would seem that a 2 year backlog might be relevant (noting that that the 6 month [almost certainly] starts from when sufficient information came to the attention of the prosecutor). That covers the most common types of blue badge fraud, but other types of misuse may be prosecuted under s.1 Fraud Act 2006, that would cover use of a badge issued to a person subsequently deceased, a stolen badge or a counterfeit badge. -------------------- |
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Fri, 13 Aug 2021 - 15:24
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#7
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
I would be prosecuted under the fraud act 2006.
Another question I had how much added value does a solicitor add if one is pleading guilty anyway? I was told by the council officer that if prosecuted this would be dealt with by post, single procedure justice, which surprised me as I thought something like fraud they would expect a court appearance. |
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Fri, 13 Aug 2021 - 15:27
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#8
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Do you have any meaningful mitigation to put forward?
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 13 Aug 2021 - 15:31
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#9
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
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Fri, 13 Aug 2021 - 15:37
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#10
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Do you want to go to court to put your mitigation forward in person, or do you want to send in a letter?
There isn't much point in paying for a solicitor, mitigation normally comes across better if it's first hand. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 13 Aug 2021 - 16:08
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#11
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If a long time has elapsed between the offence and sentencing, which is not due to the offender, then the court should take that into account as mitigation.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 13 Aug 2021 - 17:02
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#12
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
Do you want to go to court to put your mitigation forward in person, or do you want to send in a letter? There isn't much point in paying for a solicitor, mitigation normally comes across better if it's first hand. I would prefer by letter for one reason only, namely to avoid having the local press taking my photo. However if a letter is not considered properly compared to a court appearance I would rather go even if my pic is taken. What do you suggest? Do they take offender letters seriously? |
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Fri, 13 Aug 2021 - 17:23
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#13
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Are the local press known for taking photos of people accused of relatively minor offences?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 13 Aug 2021 - 17:56
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#14
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
Are the local press known for taking photos of people accused of relatively minor offences? Not in this city as there always loads of murders, sexual crimes etc etc. A scan on Google shows they have two articles on bb offending over the last five years so could take my chances I guess. |
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Sat, 14 Aug 2021 - 00:11
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#15
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Most local papers have no money nowadays so unless you're a celebrity it would seem unlikely you will be papped. Most papers reprint cases though because it's very cheap, so likely you will be searchable.
Unless you work in a regulated profession it will likely be inconsequential though. |
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Tue, 17 Aug 2021 - 09:15
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#16
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Most local papers have no money nowadays so unless you're a celebrity it would seem unlikely you will be papped. +1, you don't need to worry about that unless you're a celebrity / politician etc. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 18 Aug 2021 - 12:56
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#17
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings.
Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would the magistrates get upset at such a request? |
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Wed, 18 Aug 2021 - 13:04
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#18
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings. Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would the magistrates get upset at such a request? After you are convicted. I wouldn’t phrase it as “I’d prefer” but you can put forward reasons for a fine over any other form of punishment if you wish. If the guidelines say a community order though, it’d need to be pretty compelling reasons. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Wed, 18 Aug 2021 - 13:09
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#19
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Member Group: Members Posts: 37 Joined: 13 Aug 2021 Member No.: 113,711 |
I am planning on representing myself and I was wondering when is mitigation mentioned in the proceedings. Can i state that due to my personal situation (carer) I would much prefer a high fine compared to a tag and or Community Service or would the magistrates get upset at such a request? After you are convicted. I wouldn’t phrase it as “I’d prefer” but you can put forward reasons for a fine over any other form of punishment if you wish. If the guidelines say a community order though, it’d need to be pretty compelling reasons. I am assuming the sentence will be passed immediately so is there a stage about the conviction and a stage where punishment is discussed? I will chat to the duty solicitor if he is available to clarify the above but I know sometimes they are not around. |
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Wed, 18 Aug 2021 - 14:39
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#20
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Member Group: Members Posts: 56,263 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I am assuming the sentence will be passed immediately so is there a stage about the conviction and a stage where punishment is discussed? I will chat to the duty solicitor if he is available to clarify the above but I know sometimes they are not around. Once your guilt is established (pleaded or found guilty) and before they sentence you you are asked if you have anything else to say. It's not 'immediately' no, it's a few minutes later! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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