Disabled badge confiscated.

longleggedhair

To give a brief history me and my mother are both disabled and both receive higher rate PIP that qualifies us for a blue badge. 

I have a Motability car in my name, and we are both named drivers. The blue badge was in mom’s name and we shared the car and badge.

 Today I went into town to get a few bits and was accosted by someone from the council on my return to the car, it was all very traumatic, he took the badge, threatened to detain me, etc,despite my explaining the circumstances and has said I could face prosecution. 

As I am entitled to use a badge and it’s a shared car it was something I’d never even considered, I’m beside myself with worry now, has anyone else has any experience of something similar or knows what may happen now?

fatbelly

You're going to need a replacement.

https://www.gov.uk/replace-lost-stolen-blue-badge

longleggedhair

fatbelly said:

You're going to need a replacement.

https://www.gov.uk/replace-lost-stolen-blue-badge

He want a thief he was from the council!

oldernonethewiser

longleggedhair said:

To give a brief history me and my mother are both disabled and both receive higher rate PIP that qualifies us for a blue badge. 

I have a Motability car in my name, and we are both named drivers. The blue badge was in mom’s name and we shared the car and badge.

 Today I went into town to get a few bits and was accosted by someone from the Councillor on my return to the car, it was all very traumatic, he took the badge, threatened to detain me, etc,despite my explaining the circumstances and has said I could face prosecution. 

As I am entitled to use a badge and it’s a shared car it was something I’d never even considered, I’m beside myself with worry now, has anyone else has any experience of something similar or knows what may happen now?

If you are entitled to a badge you need to apply for one you cannot share a blue badge.

If in England read this

Spoonie_Turtle

longleggedhair said:

I have a Motability car in my name, and we are both named drivers. The blue badge was in mom’s name and we shared the car and badge.

 … 

As I am entitled to use a badge and it’s a shared car it was something I’d never even considered, I’m beside myself with worry now, has anyone else has any experience of something similar or knows what may happen now?

No it doesn't work like that, you are entitled to apply for a badge in your own name, based on your disability. 

If you'd read the information that comes with it you should know that only the Blue Badge holder - the person to whom it was granted - can use it.

Sharing the car doesn't work like that either, technically - as it's in your name, it is to be used by you or for your direct benefit only, which is how you're able to have named drivers.

Edit: I don't know how your mum gets her badge back, I guess she'll have to ring the council to find out.

born_again

longleggedhair said:

To give a brief history me and my mother are both disabled and both receive higher rate PIP that qualifies us for a blue badge. 

I have a Motability car in my name, and we are both named drivers. The blue badge was in mom’s name and we shared the car and badge.

 Today I went into town to get a few bits and was accosted by someone from the council on my return to the car, it was all very traumatic, he took the badge, threatened to detain me, etc,despite my explaining the circumstances and has said I could face prosecution. 

As I am entitled to use a badge and it’s a shared car it was something I’d never even considered, I’m beside myself with worry now, has anyone else has any experience of something similar or knows what may happen now?

Are you also getting higher rate PIP & entitled to a mobility car? Do you have your own BB, which you would be entitled to?

If not & it is your mother that is entitled to the car, then please read this,

https://www.motability.co.uk/whats-available/cars/package/use/

Also as BB is in your mothers name & she was not with you (not mentioned).

Who can use the badge?

The badge is for your (person named on badge) use and benefit only. It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.

Don’t allow other people to use the badge to do something on your behalf, such as shopping or collecting something for you.

• You must never give the badge to friends or family to allow them to park for free, even if they are visiting you.
• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car.
• It’s a criminal offence to misuse a badge. This includes people other than the badge holder taking advantage of the parking concessions provided under the scheme.

Sadly you have broken the rules & they were correct. At a guess you mother may not get another.

Abuse of BB is something that upsets many Disabled people as they can not access a disabled space.

poppy12345

If your PIP award entitles you to a BB then i don't understand why you don't have your own and why you're using your mothers. BB misuse could see a fine of up to £1,000. Her local Authority may contact her because they may want to speak to her. I have no idea whether she'll be given another one.

longleggedhair

poppy12345 said:

If your PIP award entitles you to a BB then i don't understand why you don't have your own and why you're using your mothers. BB misuse could see a fine of up to £1,000. Her local Authority may contact her because they may want to speak to her. I have no idea whether she'll be given another one.

Thanks Poppy and others for the reply. I realise now given your replies that I was in the wrong, although I had no idea. I assumed as it was a mobility car with us both as named drivers, and I was entitled to a badge that I was doing nothing wrong. In fact to be totally honest it just hadn’t ever even occurred to me.

I have applied for a badge for myself now. It’s one of those things but others please take notice, as someone who has never been in trouble and always at least tries to do the right thing it’s all been a shock.

if anything does come of it I will just have to explain the circumstances. Tha k you for the replies.

HillStreetBlues

OP hope your mum gets her badge back.

On this issue of the badge being checked, I wished that happened more often, as if it did would cut down thefts.

Albermarle

born_again said:

longleggedhair said:

To give a brief history me and my mother are both disabled and both receive higher rate PIP that qualifies us for a blue badge. 

I have a Motability car in my name, and we are both named drivers. The blue badge was in mom’s name and we shared the car and badge.

 Today I went into town to get a few bits and was accosted by someone from the council on my return to the car, it was all very traumatic, he took the badge, threatened to detain me, etc,despite my explaining the circumstances and has said I could face prosecution. 

As I am entitled to use a badge and it’s a shared car it was something I’d never even considered, I’m beside myself with worry now, has anyone else has any experience of something similar or knows what may happen now?

Are you also getting higher rate PIP & entitled to a mobility car? Do you have your own BB, which you would be entitled to?

If not & it is your mother that is entitled to the car, then please read this,

https://www.motability.co.uk/whats-available/cars/package/use/

Also as BB is in your mothers name & she was not with you (not mentioned).

Who can use the badge?

The badge is for your (person named on badge) use and benefit only. It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.

Don’t allow other people to use the badge to do something on your behalf, such as shopping or collecting something for you.

• You must never give the badge to friends or family to allow them to park for free, even if they are visiting you.
• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car.
• It’s a criminal offence to misuse a badge. This includes people other than the badge holder taking advantage of the parking concessions provided under the scheme.

Sadly you have broken the rules & they were correct. At a guess you mother may not get another.

Abuse of BB is something that upsets many Disabled people as they can not access a disabled space.

It is the OP's car and his Mother is a named driver.

OP - Apart from the BB issue. Your Mother should really only drive your Motability vehicle, when you are also in the car, or she is coming to pick you up or drop you off somewhere. ( Even without a Motability vehicle, this also applies if you have your own vehicle that is zero rated for tax due to their being a disabled driver) So in theory at least she should not use it even just to pop to the shops for herself, or similar journeys

So really you should not only apply for a BB yourself, your Mother should also get her own motability, car and not share yours.

However it is a bit of a grey area and in reality nobody is probably ever going to find out ( or worry about it that much) and in practical terms would be a bit daft to run two cars, largely unnecessarily. However good to be aware of the issue and for sure your Mother should not be going off in your Motability car for long periods on her own, on holiday etc. 

FindMyWayBack

longleggedhair said:

  was accosted by someone from the council on my return to the car, it was all very traumatic, he took the badge, *threatened to detain me*

All sounds very odd to me, have you got this persons name? I would be checking their credentials. I am wondering if they are badge thieves.
Aside of that though, other advice re usage is correct.