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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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I have been caught using my elderly disabled mothers blue

Resolved Question:

I have been caught using my elderly disabled mother's blue badge whilst she was not in the car, which I admit, and it was a one-off as I was in pain myself from my hip. She needs it back and I will not use it again without her, but how can I explain myself to get the lowest penalty
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
This is usually fixed penalty, £60. Is there more to it?
Customer: replied 1 year ago.

No, there is more to it than that. They have sent me various official letters asking for me to explain why I was using it, and also to attend an interview under caution. It was taken by a Civil Enforcement Officer. I can provide more information if you can let me know what you need to know. In essence I want to know how to respond to them so that I do not incriminate myself. My mother is age 95 and severely disabled, and I drive her around when necessary, and keep the card in my car as she has alzheimers and would not be able to remember to bring it out with her, so I keep it with me at all times so that I can pick her up and take her when necessary.

Expert:  Stuart J replied 1 year ago.








So
were you not issued with a £60 fixed penalty ticket?

Other
than the truth (which is all I can advise you to say,) what were you looking
for us to tell you to say?






Customer: replied 1 year ago.

Do you have any idea what the penalty could be and also if they will give my mother her disabled card back, as she obviously needs it and should not be penalised

Expert:  Stuart J replied 1 year ago.





I have
asked a colleague to look at this for you. She will be along shortly.



 

Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

That would be me then!

Can you tell me how this came about? What were you doing and how were you caught?
Customer: replied 1 year ago.

I had my mother's disabled badge card in my car, but not my mother with me. I was in severe pain from my hip (which needs replacing) so I did not feel I could walk the distance to where I was going,and that was the closest parking space, so I used it that time. I had a disabled card of my own a few years ago, as I have had heart attacks and a previous hip replacement, but my GP decided I did not need it any more, but now my other hip is very painful. I need the card to be returned to my mother as she is 95, disabled and has alzheimer's and I am the only person who can drive her around when necessary, and therefore need to keep the card in my car. I realise that I was wrong to use it on that occasion.

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

It is possible they could charge you with this. On the face of it, its suitable for a fixed penalty fine so I'm not sure why they have not. However, they are well within their rights to charge you and send you to court.

Realistically if they only have evidence of a one off misuse of the card then its only going to lead to a fine.

Your mother's blue badge could be revoked. They don't always do that. They are more likely to do that if they have evidence that she allowed the misuse which they don't really here. She can apply for its return anyway and it isn't often refused unless the abuse has literally been blatant and widespread. Usually these blue badges are not abused by the disabled person themselves but by others around them so these revocations have never really taken off.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65365
Experience: Over 5 years in practice.
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