Bluebadge confiscated!

[Asma2019]

Hello.

I have a question.

I have been sent an interview under caution regarding bluebadge misuse.

I parked in a disabled bay and my son was not with me at the time as he was ill

I went to collect medications for him as well I dropped my nephews who were attending local tuition classes so my sister could look after my unwell disabled son.

At the time the badge was not displayed however I was in the car parked in the disabled bay.

Parking officer approached me and asked me whether i had a bluebadge.

I said yes and he asked me if he could have a look at it.

I gave the badge with confidence.

He said who's badge is it and told him that it was for my son and I'm the named driver on this car.

He said that he will confiscate as I was misusing it.

I argued and thought I was right to say that how can my 7yr old son drive the car by himself?

The officer said that my son had to be with me at the time of use. 

Long story short.

I have recently moved home and my previous area that I lived, it was uncontrolled zone and all amenities including shops schools etc were nearby. So I'm not used to use the badge most of the time unless my son got hospital appointments. My driving was very limited. 

To be honest I was in shock this morning as I received a letter saying that I need to attend an interview under caution.

I feel like I committed a crime.

I have never gave the badge to anyone else and never knew I couldn't use it when my son is not with me. 

What advice would you give me?

Will I be sent to prison?

Will i be taken to court?

I'm in total shock as I have never encountered with any convictions before and now I feel like I'm the most wanted one.

Plz any advice.....I would appreciate.
TIA.

[dx100uk]

I've moved you thread to a more appropriate forum.

no you won't end up in prison.!!

it was for the benefit of your son.

you have a copy of the prescription, that should do.

[stu007]

Hi

You need to to have a good read of the Blue Badge Scheme:

The Blue Badge scheme: rights and responsibilities in England

The Blue Badge scheme: rights and responsibilities in England

Question? was the vehicle used by any chance a Motability Vehicle

[Asma2019]

Yes it is a motability  vehicle & I'm the named driver. That day I made shopping and also got calpol for him over the counter as my son was unwell and gets hayfever very easily.

The issue with  me is that I didn't read the booklet that came with the badge since a relative opened when it arrived. As I was in a abusive relationship in which (thank God) I now have nonmolestation order in place.

I argued and thought I was right to say that how can my 7yr old son drive a car!
 After some research I noticed that the officer was right. I was honest but now know my ignorance and learned my lesson. If I was cheating I would have made story up but I was confident enough to argue thinking I was rightand the car & badge were linked so that they could check, but now I know they are two completely different things.

 

[stu007]

Hi

This is why I asked if it was a Motability Vehicle.

What you need to remember is that the Motability Scheme Rights & Responsibilities are completely separate from the Blue Badge Scheme Rights & Responsibilities.

Using the Car as you did you were correct for the Motability Scheme side but as the enforcement officer wasn't not on about the Motability Vehicle but the Blue Badge this is where it changed as the Blue Badge Rules are different.

Have a good read of the links I provided about the Blue Badge

[Asma2019]

Thanks for your reply. Do you think they will prosecute me for not knowing what I was doing was wrong? If so, will they ask me for a heavy fine or will they revoke the BB? Should I get a lawyer?

I'm worried really.

[dx100uk]

All no.

[king12345]

I would avoid telling them that you didn't know.

Do you really think they would accept that you, a non disabled person, believed that you were entitled to park in a disabled spot just because you have a blue badge?

Considering that you know that the blue badge holder is your son, makes the all story very non believable. 

I suggest you go there, apologise profusely and hope they have mercy.

[tomtom256]

Were you actually displaying/using the badge at the time you were asked for it or was not on display?

The way I read your post is that,  it was not on display, as such I would question the legality of the confiscation, because if you were not displaying and were parked in a disabled without displaying it then you have not misused it. If it was a council car park you would just have to pay the fine for parking in a disabled bay without displaying a blue badge.

The parking officer asked if you had a blue badge, not if you were using one, their is a difference and that  would be the defence I would use. "I had parked illegally and was asked if I had a blue badge and I said yes, officer asked to see to it and I showed it him, I wasn't actually using it at the time, nor had I displayed it when I parked up, as such I have not misused it, I just parked incorrectly. The officer did not ask me if I it was displayed just if I had one."

Edited March 9, 2019 by tomtom256