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#Post#: 15180--------------------------------------------------
INTERVIEW UNDER CAUTION
DIR By: BuzzingBee
Date: February 7, 2024, 11:02 am
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My council has asked me to attend an interview under caution for
a vehicle contravention of section 117 of the Road Traffic
Regulation Act 1984. It all started when I used a blue badge,
which was cancelled. I am a disabled veteran and do have a blue
badge. However, on this day, I used a cancelled blue badge,
which I had reported lost and had been issued a new one. I must
admit i used both badges at the same location on two different
cars. Not proud of playing the system but its already happened
and i can only learn from this.
I would like some help on how to go about this interview as what
I say will determine if the council takes further action or not.
Thank you.
[attachment deleted by admin]
#Post#: 15187--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: guest46
Date: February 7, 2024, 11:29 am
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The obvious Q is why you used the cancelled one having been
issued a new one? Are they suspicious that the new one is
'elsewhere'?........
#Post#: 15188--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: BuzzingBee
Date: February 7, 2024, 11:36 am
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--- Quote from: M60NJP link ---
>
> The obvious Q is why you used the cancelled one having been
issued a new one? Are they suspicious that the new one is
'elsewhere'?........
>
--- End Quote ---
They have not said if they do or not; however, I did use the
cancelled one because the new one was also being used at the
same location. I admit i took advantage of the system by using
two badges at the same time on different cars. Not proud of what
i did.
#Post#: 15192--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: guest46
Date: February 7, 2024, 11:50 am
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Oh dear. Whilst it's never certain, councils do seem to act
robustly at BB abuse, so they will very likely pursue this.
Sorry to answer a Q with 'it depends' , but a lot depends on how
you want to play this? It may make sense to fall on your sword
unless you have a wizard wheeze to explain legally & honestly
why the other one was also in use, but it reads that you
haven't.
Best to wait a day on so on here to see what better informed
folks can add.
Google says it's a fine (max £1000) and confiscation of the
badge - but that was a London based reference, IDK if it differs
elsewhere.
#Post#: 15193--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: BuzzingBee
Date: February 7, 2024, 12:01 pm
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--- Quote from: M60NJP link ---
>
> Oh dear. Whilst it's never certain, councils do seem to act
robustly at BB abuse, so they will very likely pursue this.
>
> Sorry to answer a Q with 'it depends' , but a lot depends on
how you want to play this? It may make sense to fall on your
sword unless you have a wizard wheeze to explain legally &
honestly why the other one was also in use, but it reads that
you haven't.
>
> Best to wait a day on so on here to see what better informed
folks can add.
>
> Google says it's a fine (max £1000) and confiscation of the
badge - but that was a London based reference, IDK if it differs
elsewhere.
>
--- End Quote ---
Thanks for all the help. i appreciate it. im not worried about
the fine and badge. Its the criminal record im worried about.
#Post#: 15197--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: 666
Date: February 7, 2024, 12:38 pm
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--- Quote from: M60NJP link ---
>
>
> Google says it's a fine (max £1000) and confiscation of the
badge - but that was a London based reference, IDK if it differs
elsewhere.
>
--- End Quote ---
I seem to recall some councils treating such cases as fraud,
which carries considerably more sever penalties.
#Post#: 15229--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: Daim456
Date: February 8, 2024, 7:34 am
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Two different cars, why is that.
From what I know that the Blue Badge is issued personally.
(Apart from Organisation Blue Badges)
#Post#: 15230--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: BuzzingBee
Date: February 8, 2024, 7:41 am
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--- Quote from: Daim456 link ---
>
> Two different cars, why is that.
>
> From what I know that the Blue Badge is issued personally.
(Apart from Organisation Blue Badges)
>
--- End Quote ---
We have two cars parked on the same street. It's a public
parking with a lot of other cars. I reported my blue badge lost
and was issued a new one. I found the old one and therefore had
two. The old and new one. The old one, which had been cancelled
due to being reported as missing, was issued with a PCN and
reported to the council. Council now want to interview me under
caution. I hope this helps clear up your question.
#Post#: 15251--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: Daim456
Date: February 8, 2024, 1:17 pm
---------------------------------------------------------
--- Quote from: BuzzingBee link ---
>
> [quote author=Daim456 link=topic=1310.msg15229#msg15229
date=1707399257]
> Two different cars, why is that.
>
> From what I know that the Blue Badge is issued personally.
(Apart from Organisation Blue Badges)
>
--- End Quote ---
We have two cars parked on the same street. It's a public
parking with a lot of other cars. I reported my blue badge lost
and was issued a new one. I found the old one and therefore had
two. The old and new one. The old one, which had been cancelled
due to being reported as missing, was issued with a PCN and
reported to the council. Council now want to interview me under
caution. I hope this helps clear up your question.
[/quote]
It seems like you are banged to rights.
Under the legislation and in Blue Badge booklet the badge can be
only used in 2 situations.
1. A driver who is a Blue Badge holder is allowed to display the
badge when parking.
2. A passenger who is a Blue Badge holder who has been getting
in or out of a vehicle is allowed to display Blue Badge while
the vehicle is parked.
At the back of the Badge there is a clear condition that it says
if the badge is found it should be returned to the local
authority.
As you have mislead the local authority and I would not be
surprised if they prosecute you for fraud. If you are convicted
of fraud and you would have to declare to insurance companies
including car and home insurances, etc.
#Post#: 15283--------------------------------------------------
Re: INTERVIEW UNDER CAUTION
DIR By: andy_foster
Date: February 8, 2024, 4:28 pm
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--- Quote from: BuzzingBee link ---
>
> The old one, which had been cancelled due to being reported as
missing, was issued with a PCN and reported to the council.
Council now want to interview me under caution.
--- End Quote ---
Clutching at straws/sanity check...
When you say a PCN was issued to the car with the cancelled BB,
I assume that the PCN was for a parking contravention that a
valid BB would have negated, or that the can cancelled BB was
being used at the time it was observed to gain an exemption, as
opposed to merely being sat on the dashboard with no apparent
benefit?
From your narrative, this is all but certain, but IMHO worth
confirming as it is an essential ingredient of the specific
offence.
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