Help - Search - Members - Calendar
Full Version: Misuse Disabled Blue Badge
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
peterisnow
My wife is disabled and has a disabled blue badge. She had an appointment at the bank and we drove together and parked outside on the yellow line. She displayed the badge and set the clock. I helped her out of the car and into the bank where we waited to be seen.

Unfortunately our appointment was delayed by half an hour. So I decided to go and pick up some bread from a bakery a couple of miles away. I got in the car alone, arrived at the bakery and parked in a pay and display bay nearby. I realized i had no change so i rushed into the bakery so I would not get a ticket.

Before I got to the bakery door I was stopped by a policeman who asked to see the disabled badge on my dashboard. I had completely forgot it was still there. I immediately told the officer that it was not mine but my wife’s who I had left at the bank. I explained I forgot it was still there as she always takes it with her. I didn’t park in the disabled bay outside the bakery… or on the yellow line. I parked further away at the pay and display bay where all able bodies people park. I was not intending to use the badge. I would never do that. My wife is disabled and i hate nothing more than people who abuse the system and take up disabled bays inconveniencing those who really need them. This was a genuine mistake. The clock is not even set correctly.

The badge was confiscated and I am now summoned to court for misuse of a disabled badge.

Am i guilty of this crime?

Any advise would be appreciated.
EDW
QUOTE (peterisnow @ Tue, 7 Aug 2012 - 18:41) *
My wife is disabled and has a disabled blue badge. She had an appointment at the bank and we drove together and parked outside on the yellow line. She displayed the badge and set the clock. I helped her out of the car and into the bank where we waited to be seen.

Unfortunately our appointment was delayed by half an hour. So I decided to go and pick up some bread from a bakery a couple of miles away. I got in the car alone, arrived at the bakery and parked in a pay and display bay nearby. I realized i had no change so i rushed into the bakery so I would not get a ticket.

Before I got to the bakery door I was stopped by a policeman who asked to see the disabled badge on my dashboard. I had completely forgot it was still there. I immediately told the officer that it was not mine but my wife’s who I had left at the bank. I explained I forgot it was still there as she always takes it with her. I didn’t park in the disabled bay outside the bakery… or on the yellow line. I parked further away at the pay and display bay where all able bodies people park. I was not intending to use the badge. I would never do that. My wife is disabled and i hate nothing more than people who abuse the system and take up disabled bays inconveniencing those who really need them. This was a genuine mistake. The clock is not even set correctly.

The badge was confiscated and I am now summoned to court for misuse of a disabled badge.

Am i guilty of this crime?

Any advise would be appreciated.




This is a criminal offence, you need to move this to another section of this forum.

I suggest you get an experienced lawyer to represent you.
clark_kent
QUOTE (peterisnow @ Tue, 7 Aug 2012 - 18:41) *
Am i guilty of this crime?

Any advise would be appreciated.



Yes the offence is displaying the badge when you are not entited to contary to section 117 of the RTRA 1984 as far as I can see your best bet is to plead guilty and then ask for circumstances of the misuse to be taken into consideration and hope the magistrate believes your story.
metalmick
as others have stated,
but
it may help your case if you can prove the above,
banks have cctv and this will show you assisting your wife into the bank , you will also be able to get confirmation of the appointment time and the delay,
you will also be able to get confirmation of you leaving the bank without your wife.
there will also no doubt be cctv showing you in the street and the car parked and you leaving with the badge still in place hence your oversight
it wont change the fact that the badge was displayed but it may help to show your lack of intent if thats the right way to put it as opposed to an opportunist use of the badge
mm
hcandersen
117?

AIUI, this requires a contravention of an order to be proved first and the constable wasn't in a position to do this. The Chronically Sick and Disabled Persons etc. creates and absolute offence of displaying other than as prescribed in the regs.

OP - what offence are you alleged to have committed?

HCA
clark_kent
QUOTE (metalmick @ Tue, 7 Aug 2012 - 20:30) *
as others have stated,
but
it may help your case if you can prove the above,
banks have cctv and this will show you assisting your wife into the bank , you will also be able to get confirmation of the appointment time and the delay,
you will also be able to get confirmation of you leaving the bank without your wife.
there will also no doubt be cctv showing you in the street and the car parked and you leaving with the badge still in place hence your oversight
it wont change the fact that the badge was displayed but it may help to show your lack of intent if thats the right way to put it as opposed to an opportunist use of the badge
mm



I can't see this helping he parked on a pay and display made no attempt to buy a ticket and at the same time used his wifes blue badge the fact that he parked legally at some point previous using the badge has not really anything to do with it.
bama
QUOTE (hcandersen @ Tue, 7 Aug 2012 - 20:56) *
117?

AIUI, this requires a contravention of an order to be proved first and the constable wasn't in a position to do this. The Chronically Sick and Disabled Persons etc. creates and absolute offence of displaying other than as prescribed in the regs.

OP - what offence are you alleged to have committed?

HCA


seconded

thirded even
Enceladus
Is it not the case that driving a vehicle with a Blue Badge on display when the BB holder is not present in the vehicle is also an offence? Whatever about parking.
The badge had to removed from display when he drove from the bank.

The OP needs to clarify exactly what the Police have charged him with?

PS.
Has your wife had the BB returned?
peterisnow
QUOTE (clark_kent @ Tue, 7 Aug 2012 - 22:33) *
QUOTE (metalmick @ Tue, 7 Aug 2012 - 20:30) *
as others have stated,
but
it may help your case if you can prove the above,
banks have cctv and this will show you assisting your wife into the bank , you will also be able to get confirmation of the appointment time and the delay,
you will also be able to get confirmation of you leaving the bank without your wife.
there will also no doubt be cctv showing you in the street and the car parked and you leaving with the badge still in place hence your oversight
it wont change the fact that the badge was displayed but it may help to show your lack of intent if thats the right way to put it as opposed to an opportunist use of the badge
mm



I can't see this helping he parked on a pay and display made no attempt to buy a ticket and at the same time used his wifes blue badge the fact that he parked legally at some point previous using the badge has not really anything to do with it.



Does the fact that i parked further away from the bakery in a pay & display bay.... rather than outside the bakery in a disabled bay or yellow line show anything at all?

No my wife has not had the blue badge returned. I have been charged with misuse of a disabled blue badge
Enceladus
QUOTE (peterisnow @ Wed, 8 Aug 2012 - 01:56) *
Does the fact that i parked further away from the bakery in a pay & display bay.... rather than outside the bakery in a disabled bay or yellow line show anything at all?
No my wife has not had the blue badge returned. I have been charged with misuse of a disabled blue badge


Is the P&D bay free for BB holders?

To move this forward I suggest that you post up the exact wording of the offence alleged. Including the Act (legislation) contravened. Should be on the summons.
peterisnow
I thought i would only be a minute. If i am really unlucky i would get a parking ticket. Now i am faced with something very serious. Misuse of a blue badge.

Yes parking in a pay & display is generally free for BB holders. However if i was indeed intending to use my wifes badge and had known it was still there.... I would not have parked further down the road at the pay & display only to have to walk all the way back to the bakery past disabled bays & plenty of yellow line restricted parking space.

I will attach a jpeg of the summons
Enceladus
Please post up scrubbed scans of all sides of all pages of the summons.
Let's see what the exact charge and legislation is?

You were were unlucky to be caught. At least a million to one. And given the rampant abuse of BBs it would seem unjust that you should get caned for it.

Was the Police Officer with any Council officials, a joint operation? Or did you otherwise do anything to "provoke" the Police Officer or arouse suspicion?

Did the Police Officer give you anything?

Have a look at your house insurance and car insurance. Or even AA membership. Is there any legal cover you can claim on?

The "confiscated" BB should have been returned to the issuing authority. And in turn they should have contacted your wife and maybe given her a warning about abuse. There is a three strikes and the BB may be revoked rule. Get your wife to chase the Council that issued the BB first thing in the morning. Demand that the BB be returned or a written explanation as to why not be provided. After all what is she supposed to do now. She is the innocent party, she needs the BB and the fact that you made a mistake is not her fault.

Is this a third strike?
hcandersen
The summons is all that counts now. This will tell us the alleged offence (probably regs made under the Chronically etc Act) and we can then look at the elements of the offence which it is the police's burden to prove.

Summons please.


HCA
EDW
There seem to be two offences, misuse and abuse.

I have found some recent case where there was a conditional discharge and costs of about £500.




Misuse

The legislation that covers Blue Badge misuse is the Road Traffic Regulation Act 1984 section 117. This covers anyone who misuses a valid blue badge. An example might be a person who misuses their relative's badge, by parking a vehicle without the badge-holder being present.

Abuse

The legislation that covers Blue Badge abuse is the Fraud Act 2006 section 1. This relates to anyone who uses a blue badge which is not genuine or where the badge has been altered.
Enceladus
Based on what we have been told so far it would seem that the badge is genuine, not altered and not lost or stolen.

So AIUI: "The following action can be taken against the person using someone else’s Badge for their own benefit:
they can be prosecuted and face a fine of up to £1,000 on conviction under section 21 of the Chronically Sick and Disabled Persons Act 1970;
they can be prosecuted and receive a fine of up to £1,000 on conviction under section 117 of the Road Traffic Regulation Act 1984;
"
Additionally he could have received a Penalty Charge Notice or a Fixed Penalty Notice.

And if they want to throw the book at him he has committed at least two discrete criminal offences.
Firstly driving the vehicle with the BB on display when the holder was not present and the exemptions did not apply.
Secondly parking the car in a P&D bay and not paying the charge when a BB holder was exempt.

Please let's see the exact wording of the charge. A scrubbed scan of the summons would be best.
peterisnow
The summons had to be in today. Thursday. I decided to hand in a plea of guilty explaining the circumstances and hope the magistrate will understand.

Thank you for all your help.

I will keep you informed of the courts decision and jpeg it for all to see including the summons.
bama
what charge did you plead guilty to ? we still don't know
peterisnow
misuse of a disabled badge.

From what i understand i am not being charged with fraud where intent needs to be proven. I am being charged with misuse. I will post the exact contravention for all to see once my grandson scans it or whatever needs to be done.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.