DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: The Flame Pit
*****************************************************
#Post#: 7141--------------------------------------------------
BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: BuzzingBee
Date: October 10, 2023, 4:24 pm
---------------------------------------------------------
Hi All
This is my first post after just joining so please pardon any
mistakes on my behalf. I came across this page while looking for
help. I will try and keep it short.
I am a disabled veteran with a blue badge. As of August I
misplaced my blue badge and reported it lost. I found my old
badge and used it but unbeknownst to me it had been cancelled.
The car I am driving is registered in my cousins name but I am
insured to drive it. The Internal Audit And Anti Fraud team of
Another council has now issued me a PCN and also sent my cousin
a NOTICE TO PROVIDE INFORMATION stating "contravention of
section 117. He is asked to provide information of driver and
any other information identifying driver.
A crucial information is I live at two addresses. My old address
which I still receive Mail at and have family there is the
council that issued my blue badge (Oxfordshire). My new address
anti fraud team is the council that has issued me the PCN and
the letter (Greenwich). Even though this is an honest mistake
should I be worried and what advise would you give me on how to
proceed. I have also attached the letter sent to my cousin who
is the registered keeper. Thank you.
[attachment deleted by admin]
#Post#: 7145--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: DancingDad
Date: October 10, 2023, 4:43 pm
---------------------------------------------------------
Please confirm that you are still entitled to a Blue Badge?
Was a new one issued when you reported the old one lost?
Your cousin.... the letter has to be replied to unless he wants
to end up facing a summons to court.
He should provide your name and address (whichever is best for
you)
They are investigating Blue Badge abuse (S117 RTRA 1984) which
given the use of a cancelled badge is understandable.
Assuming that you are still entitled and it was a simple error,
I would expect no more then an interview and a borrocking.
Your PCN..... by the sounds of it bang to rights in using a
cancelled BB but an apologetic challenge with a copy of your
legitimate badge?? and explanation that it was a simple error
and why may get it cancelled.
If you can post the PCN we can also look if any errors
#Post#: 7149--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: BuzzingBee
Date: October 10, 2023, 5:16 pm
---------------------------------------------------------
--- Quote from: DancingDad link ---
>
> Please confirm that you are still entitled to a Blue Badge?
> Was a new one issued when you reported the old one lost?
>
> Your cousin.... the letter has to be replied to unless he
wants to end up facing a summons to court.
> He should provide your name and address (whichever is best for
you)
> They are investigating Blue Badge abuse (S117 RTRA 1984) which
given the use of a cancelled badge is understandable.
> Assuming that you are still entitled and it was a simple
error, I would expect no more then an interview and a
borrocking.
>
> Your PCN..... by the sounds of it bang to rights in using a
cancelled BB but an apologetic challenge with a copy of your
legitimate badge?? and explanation that it was a simple error
and why may get it cancelled.
> If you can post the PCN we can also look if any errors
>
--- End Quote ---
Thanks for the help.
Yes I am still entitled to a blue badge. I receive the highest
component of PIP mobility component and walk with a stick. When
I applied for a new one I was not issued a new one. This was
because on the day of payment the councils systems was down and
they could not take the £10 payment after many tries. I found my
old one within the same week and just forgot about it.
My cousin will provide my details and my address and the next
stages will be inviting me for an interview. I already sent a
challenge for the PCN but after receiving this letter today I
have just gone on to pay for it.
[attachment deleted by admin]
#Post#: 7150--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: fraser.mitchell
Date: October 10, 2023, 5:46 pm
---------------------------------------------------------
Well, if you've now paid, there is nothing more we can advise
you on. Paying closes off the adjudication appeal option.
#Post#: 7151--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: BuzzingBee
Date: October 10, 2023, 5:52 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Well, if you've now paid, there is nothing more we can advise
you on. Paying closes off the adjudication appeal option.
>
--- End Quote ---
Paying closes the case? I don't get it. Aside the PCN I have
also been asked to provide my details for using. the cancelled
blue badge. To my knowledge they are two different cases.
#Post#: 7199--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: Pastmybest
Date: October 11, 2023, 11:50 am
---------------------------------------------------------
--- Quote from: BuzzingBee link ---
>
> [quote author=Incandescent link=topic=681.msg7150#msg7150
date=1696977991]
> Well, if you've now paid, there is nothing more we can advise
you on. Paying closes off the adjudication appeal option.
>
--- End Quote ---
Paying closes the case? I don't get it. Aside the PCN I have
also been asked to provide my details for using. the cancelled
blue badge. To my knowledge they are two different cases.
[/quote]
Two cases in effect. The civil one of using a BB that is not
valid that is the PCN. Shame you paid coz it is almost certain
that could have been overturned as it was not served properly.
Then you have an investigation into a criminal matter. Fraud.
You need deal with this. do not hide of try to blag it tell them
what happened, they will have a record of you reporting the
badge stolen/lost. Remember as of now the council do not know
who was using the badge when the are given the information that
it was you the person entitled to hold it, how they will look at
things is likely to be very different
#Post#: 7211--------------------------------------------------
Reported my blue badge lost twice. Use 3 badges. 2 invalid and 1
valid.
DIR By: mrsammyb
Date: October 11, 2023, 2:00 pm
---------------------------------------------------------
So as the topic say I stupidly took advantage of my blue badge
by reporting it lost 2 times to get 2 new ones and use all as I
have 3 cars in my household and I can get free parking with it.
I park all cars at the same area. Few days ago I went to my cars
and the one with the old blue badge had a PCN on it. The anti
fraud unit has written to me asking for details. The blue badge
unit also sent me an email asking me if recieved my badge. I
have not replied to either one. I’m panicking because I feel not
only have they discovered the invalid one but maybe they have
been able to connect the two present at the time of checks and
just waiting to disclose it all to me when they get me in for an
interview under caution. I do not want to make mistakes going
forward so any advice would be helpful. (I am aware what I did
was wrong & definitely not here to look for pity) I accept full
responsibility and just looking for some understanding of how
things are likely to proceed.
#Post#: 7212--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: BuzzingBee
Date: October 11, 2023, 2:04 pm
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> [quote author=BuzzingBee link=topic=681.msg7151#msg7151
date=1696978372]
> [quote author=Incandescent link=topic=681.msg7150#msg7150
date=1696977991]
> Well, if you've now paid, there is nothing more we can advise
you on. Paying closes off the adjudication appeal option.
>
--- End Quote ---
Paying closes the case? I don't get it. Aside the PCN I have
also been asked to provide my details for using. the cancelled
blue badge. To my knowledge they are two different cases.
[/quote]
Two cases in effect. The civil one of using a BB that is not
valid that is the PCN. Shame you paid coz it is almost certain
that could have been overturned as it was not served properly.
Then you have an investigation into a criminal matter. Fraud.
You need deal with this. do not hide of try to blag it tell them
what happened, they will have a record of you reporting the
badge stolen/lost. Remember as of now the council do not know
who was using the badge when the are given the information that
it was you the person entitled to hold it, how they will look at
things is likely to be very different
[/quote]
Thanks. I know you said not to ignore or hide BUT what would
happen if I do. Will they end up convicting the vehicle
keeper/owner who is my cousin or they will somehow link it to
me. At the moment the letter is addressed to my cousin and I
have not been mentioned at all as to their knowledge I have
reported the badge lost.
#Post#: 7214--------------------------------------------------
Re: BLUE BADGE MISUSE (cancelled blue badge displayed)
DIR By: DancingDad
Date: October 11, 2023, 2:25 pm
---------------------------------------------------------
--- Quote from: BuzzingBee link ---
>
> ................
> Thanks. I know you said not to ignore or hide BUT what would
happen if I do. Will they end up convicting the vehicle
keeper/owner who is my cousin or they will somehow link it to
me. At the moment the letter is addressed to my cousin and I
have not been mentioned at all as to their knowledge I have
reported the badge lost.
>
--- End Quote ---
If your cousin names you then you will be interviewed and as
said, chances are it will end there.
If your cousin doesn't name you, he will likely end up being
interviewed.
Refusal to answer can lead to court proceedings and a fine.
If he persisted in it wasn't me but I am not saying who it was,
potentially it could see a charge arising from misuse of the BB
against him. Bear in mind you lost the BB, reported it and it
has now been found being used in cousin's car...there may be no
solid evidence but many if not most BB frauds are family members
so they would be making the assumption and trying to make
charges stick.
If either of you were to lie and blame AN Other, this would be
lying under oath and a charge of Perverting the Course of
Justice could arise.
Basically, tell the truth and all should be well, evade or lie
and get really into the smelly stuff.
#Post#: 7216--------------------------------------------------
Re: Reported my blue badge lost twice. Use 3 badges. 2 invalid
and 1 valid.
DIR By: DancingDad
Date: October 11, 2023, 2:35 pm
---------------------------------------------------------
Somehow I don't think you will get a lot of sympathy.
What seemed like a good wheeze is now coming home to bite you.
The PCN will cost, I'd suggest grabbing the discount unless you
feel you can defend but in honesty, the only defence I can see
is lying and I'm not about to suggest that.
Similarly the anti fraud team will want to interview the driver,
if the letter from them says what I think it does, it will say
that it is an offence not to respond or to provide the
information requested.
I will also point out lying under oath can make a poor situation
worse
Potentially a criminal charge, fines can go up to £1000 IIRC and
the BB team can withdraw your BB.
*****************************************************
Page 1 of 2
DIR Next Page