Disabled badges, courts, fraud & lying parking attendants!

johnnyboy2011

Hi All,

New to the forum so hope you can help me and I'm not breaking any rules here. I have recently got a parking ticket in my home town, I was traveling to get medication for my nan (she wasn't with me - she can barely walk!) and I just parked my car next to a parking attendant who was there, I rolled my window down and asked her if it was OK to use the disabled badge I had (I showed it to her, she approved and said the space I was in was a loading bay, and to park up the road) so I parked exactly where she told me to. The woman then watched me get out of my car, leave the scene to get the medication, and whilst I was inside she gave me a parking ticket and left, I obviously appealed because she specifically told me it was OK, I have emailed the council explaining the situation, and they refuse to accept my appeal so I haven't heard anything since until this morning

I have a letter from the council benefit counter fraud officer saying the following:

the allegations against you are that you were seen parking your vehicle and displayed a blue badge which was issued to my nan and she wasn't in the vehicle at the time.

Bearing in mind the allegations set out above the council will consider whether to take legal proceedings I must caution you that.. you do not have to say anything but it may harm your defense etc.....

On the back it has certain questions, asks me if I was the keeper of the vehicle (not mine, was mums), did I park and use the disabled badge, was she with me, what was the reason I was there, and threatening to take action if I do not reply before another 10 days

Another letter is attached

hereby give certain warnings:

I'm investigating the alleged offenses as set out
I am asking you to account for the allegations as set out
It is believed that I committed the alleged offenses as set out
The court may draw proper influence if I fail or refuse to account the facts upon which you are being questioned, namely I parked and displayed the badge which is my nans and was not in the vehicle at the time, as alleged or that your account given has been fabricated
A copy of this letter and your response may be placed before the court. This caution applies to any written or oral response



I think it's outrageous I have got a parking ticket in the first place, never mind all this business after, I was unsure whether it was OK if I was on business for my nan or not, so I asked and was told it was, the lady told me I could park there, she saw my badge and watched me leave before giving me a ticket then leaving the whole street and going somewhere else (she was in the middle of inspecting all the cars!)

I have no idea what to say back to this letter or what to do legally, I've researched it in depth now and obviously it's not permitted but where do I stand considering the parking attendants instructions?

I have kept all proof / receipts of medication on the date and can provide if they ask, just a bit unsure as to what to put back to the letter!

Any help would be greatly appreciated, hope someone can help me stand up to them!

Thanks

halibut2209

It appears that although you were told you could park in a loading bay with a blue badge. But you were ticketed for a different violation, namely not having the blue badge holder with you. Is that right?

johnnyboy2011

no sorry, I originally pulled up in a loading bay and spoke to the attendant, the attendant told me to park past a certain point, so I moved the car there and parked with the badge displayed. the violation was 06 parked without clearly displaying a valid pay and display voucher ticket

NeverAgain_2

You are guilty of illegal use of a blue badge.

The warden will have made a statement to say you used your nan's badge while she (your nan) was not present.

It seems you have also effectively admitted the offence in your correspondence with the council.

I think you can expect a summons to appear before your local magistrates' court.

The evidence - yours and the warden's - against you is strong, so you are probably best advised to plead guilty.

The stuff about picking up your nan's medication is mitigation which may reduce the penalty.

Whatever the warden told you is irrelevant, no one can give you permission to break the law.

You are responsible for your own actions.

halibut2209

I'd head over to pepipoo. There is a very good (and long!) thread about disabled people parking in loading bays

http://forums.pepipoo.com/index.php?showtopic=52915&st=0

johnnyboy2011

NeverAgain wrote: »

You are guilty of illegal use of a blue badge.

The warden will have made a statement to say you used your nan's badge while she (your nan) was not present.

It seems you have also effectively admitted the offence in your correspondence with the council.

I think you can expect a summons to appear before your local magistrates' court.

The evidence - yours and the warden's - against you is strong, so you are probably best advised to plead guilty.

The stuff about picking up your nan's medication is mitigation which may reduce the penalty.

Whatever the warden told you is irrelevant, no one can give you permission to break the law.

You are responsible for your own actions.

Thanks, what do you suggest I do then? We are not a very well off family and cannot afford any huge charges or even the fine for that matter, that's why I am trying my best to hold it off, I didn't know this was illegal and the lady wouldn't have even known I was by myself and the drop off was authentic if she hadn't personally seen me and shown me to my spot

Surely there must be something I can do considering this ???

Appreciate your honest response

RE: halibut, was not in a loading bay, just originally pulled up there to ask parking attendant where was ok to park

halibut2209

Still, head over to that site. They have lots of trained lawyers etc and are very good. Read the stickies then start your own thread. Good luck!

d123

halibut2209 wrote: »

I'd head over to pepipoo. There is a very good (and long!) thread about disabled people parking in loading bays

http://forums.pepipoo.com/index.php?showtopic=52915&st=0

Not really relevant to the OP, he/she is not disabled but was using a family members Blue Badge to park while the disabled family member was not in the car.

johnnyboy2011

Okay will do, thank you so much!

NeverAgain_2

...Thanks, what do you suggest I do then?...

Take all steps you can to reduce the penalty, which means contrition, getting your apologies and mitigation in early.

Making allegations about lying attendants will only rub the other side up the wrong way and make it certain they will prosecute you, if it's not certain already.

I would write a short reply to the council, apologising, explaining that you've never used your nan's badge before and you failed to read the conditions booklet.

You now realise you should not have used the badge while she was not present, and it will not happen again.

If you are prosecuted, and it would be wrong to hold out any false hopes that you won't be, you could contact a solicitor in advance of the court appearance.

But it is a minor offence in the grand scheme of things, so you could use the duty solicitor at court on the day, or represent yourself.

All you can say is what you've already said, you are sorry, you wrongly thought you could use the badge to fetch your nan's medication.

Fines these days are means tested to a degree, so you may be asked to fill out a form.

But you can also briefly outline your financial circumstances to the bench.

I'm not sure if this offence qualifies for a fixed penalty, I think it does not, but if by any chance you are offered a fixed penalty, snatch their hands off.

halibut2209

Or.....see what the experts say at pepipoo