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misuse of disabled BB summoned to court
kifty
post Fri, 16 Aug 2019 - 15:47
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Hi All

not sure if this is the correct section to post this.

my mother summoned to court for misuse of disabled BB by the local council.
I've attached some images.

essentially she does not speak English properly and was shaken when she saw the officer who took the badge. my father is the BB holder and she dropped him off to the GP surgery and returned a mile away to get his medicines using his BB. she was caught with it. but please have a read of the witness statement by them, they don't say they saw her put the blue badge in the car just saw her approaching the car and removed the blue badge. she answered the questions in hesitation and she does not speak English properly either.

would it be better for her to please guilty and what would one the worse punishment? or is it worth fighting and on what grounds?

thanks for your help.


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ty
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post Fri, 16 Aug 2019 - 15:47
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cp8759
post Mon, 19 Aug 2019 - 20:01
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A McKenzie friend would have no rights of audience, the court might grant them but this cannot be relied upon. A statement would be inadmissible if it's not served in advance on the prosecution, and the prosecution is almost certain to object to its introduction, as they will want the opportunity to cross-examine the defendant.

There's also the fact that if the matter goes to a contested trial and the defendant gives evidence (which I would not advise but this seems to be the gist of Comedy's suggestion) it may be necessary for a court approved interpreter to be provided (you can't just turn up with a friend or relative). The council would no doubt add this to their request for prosecution costs in the event of a conviction. With a council prosecution, the costs could well end up being more than the fine, before you even factor in the interpreter.


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kifty
post Wed, 21 Aug 2019 - 17:33
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couple of questions:

1. can my mum write a letter to the magistrates court before hand and plead guilty and get the magistrates date cancelled?
2. is it true she can potentially be jailed on that day? sorry if its a daft question. but someone has scared us saying that. It is her first offence with the law ever, she's willing to please guilty, she's age 74. It can't be true right?


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ty
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southpaw82
post Wed, 21 Aug 2019 - 17:37
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QUOTE (kifty @ Wed, 21 Aug 2019 - 18:33) *
1. can my mum write a letter to the magistrates court before hand and plead guilty and get the magistrates date cancelled?


So far as I know she would have to attend in order to change her plea.

QUOTE
2. is it true she can potentially be jailed on that day? sorry if its a daft question. but someone has scared us saying that. It is her first offence with the law ever, she's willing to please guilty, she's age 74. It can't be true right?

No, not least because this offence doesn’t carry imprisonment as an option. A fine.


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kifty
post Wed, 21 Aug 2019 - 17:50
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ok thank you.

so I asked the council whether they could reverse the summons as I explained my mother had some language barriers. They refused.
They said there will be a solicitor available on the day to speak to for any advice. Would it be good idea to speak to this solicitor on the day of the options if my mother wanted to plead not guilty on the basis of her poor English speaking and understanding Or does everyone on here feel she should bite the bullet and please guilty and end it there?

would there be an opportunity to explain to the judge after pleading guilty her side of the story or is there no point?


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cp8759
post Thu, 22 Aug 2019 - 00:31
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In your opening post you said "she dropped him off to the GP surgery and returned a mile away to get his medicines using his BB. she was caught with it.", so based on your version of events, she's guilty. I'm not sure how her understanding of English makes any difference? If there had been no language barrier, what would she have said to the officer at the time, and what difference would that have made?

She obviously can't be that clueless because she must have appreciated that by displaying a blue badge, she didn't need to pay for the pay & display. If she'd bought a P&D ticket it would be a different story.


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