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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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My husband has received a court summons for

Customer Question

My husband has received a court summons for prosecution for fraud relating to blue badge use. This relates to a situation where he took his mother out and used her blue badge to park. He was stopped near the car by a police officer. I was with his mother at the time having pushed her off for a walk in her wheelchair.
The police officer declines to wait for his mother to return. He also seized the badge as he claimed it was reported as 'stolen'. We understand this relates to an incident about 6 months ago when his mother's blue badge had expired and a new badge applied for. The badge was mistakenly sent to the wrong address. The badge was never recovered and a new badge was subsequently issued. We think it is fairly easy to prove that the badge was sent to an address with which we have no connection and the misdelivery was due to an administrative error on the part of the local authority.
We are not of the view that my husband has committed any offence, although it is somewhat unclear because his mother not being with him at the car at the time when he spoke to the police officer. However, he has not been charged with one of the lesser 'misuse' offences which carry a fine of up to £1,000 and which we understand from looking online is usual in such cases. Instead, he has been charged under Section 6 of the Fraud Act 2006 which related to possession of an article for use in fraud. We do not know but wondered if the local authority are going to allege that he had something to do with the loss of his mother's badge in the post last year. It is a much more serious offence and carries a fine of up to £5,000 and a year's imprisonment.
Clearly we are both very worried about this and would welcome any light you might shed on this. We are planning to find a solicitor to defend my husband but do not have the resources to pay for much legal assistance so need to prepare for this ourselves as much as possible.
Many thanks.
Submitted: 5 months ago.
Category: UK Law
Expert:  Stuart J replied 5 months ago.
Thank you for the question. It is my pleasure to assist you with this today.What exactly would you like to know about this?
Expert:  Stuart J replied 5 months ago.
Can I assist you any further with this today?

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