Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**

[honeybee13]

Fingers crossed that you can settle out of court.

 

It would be good to prepare for any court hearing just in case. Hopefully @Man in the middlewill be able to comment for you.

 

HB

[Blackcat13]

Not heard anything back from the council yet, I will contact solicitor tomorrow to see if there is any update 

[Blackcat13]

I still have not heard anything from my solicitor but I have emailed him this morning for an update if there is one. 

[honeybee13]

It might be worth ringing as well.

 

HB

[Blackcat13]

Solicitor has not received a reply back from the council, so looks like it’s court tomorrow

[honeybee13]

It may not be unusual not to hear back, Blackcat.

 

Is your solicitor going with you?

 

HB

[Blackcat13]

I presume so… dreading it again

[honeybee13]

It might be an idea to confirm that, for your own peace of mind.

 

HB

[Blackcat13]

Yes, I will email him today to confirm 

[honeybee13]

Or you could ring his secretary if he has one. Didn't you say the other day that he isn't always quick to reply to emails?

 

HB

[Blackcat13]

Yeah it takes him a while to get back to me. I’ll email this morning and ask and if I have no joy I’ll call up this afternoon. 

 

I’m at court tomorrow. My solicitor has just had this reply…

 

Further to your email of 7 October 2022, I can confirm that we are now in receipt of instructions from our Client Department. 

 

The case has been reviewed by a Senior Officer and your submissions regarding your client’s circumstances have been taken into account. However, the decision has been taken to proceed with the offence. 

[learco]

Hello,

I have been through your situation earlier this year. 

I represented myself and got a fine. 

 

In terms of insurance not all insurers ask for convictions other than motoring conviction. A fraud conviction is not a motoring conviction so in a perverse sort of way having a fraud charge rather than a road traffic act conviction is better in terms of car insurance. I cancelled my old policy and took a brand new one out which did not require disclosing of non motoring convictions. 

 

For household insurance it doubled my premium and got it through an online broker. I cancelled my old policy and then took the new one out. 

 

Do not tell your current insurers about your conviction, just cancel the existing policy and then take new ones out that do not require disclosure of the fraud conviction at least for motor insurance purposes.

 

You want to avoid your current insurer cancelling your policy that is why I suggest cancelling said policy from your end first. For household do the same but use an online broker for the new policy.

 

For household insurers you will have to notify the broker about the conviction. 

 

Do your research when looking for new insurance providers. 

 

[Blackcat13]

What was your situation? How come you only got a fine? 

 

@learco how did it double your insurance if you only had a fine? 
Also, what was your situation? 
 

[FTMDave]

I know your work situation is extremely worrying.  I don't want to downplay things.

 

But as for saying "how come you only got a fine"?  Surely you realise this is the most petty offence the magistrates will ever have seen and the most you will get is a fine.

 

Unfortunately this will still mean a criminal record and potential bad consequences at work, but for the court appearance itself you will be in and out in a few minutes with only a small hole in your wallet at most to worry about.

 

Been there, done that.

 

 

[Blackcat13]

Sorry I thought you meant a fine and not a criminal record. 

[Blackcat13]

Thing is it’s going to change everything… I will lose my job and as for insurance I have quoted it’s £200 a month more. I cannot afford that! 
Therefore I will not be able to drive. My children will have to change school as without driving it will be impossible to get them there for the right time as they are at different schools. 

[honeybee13]

That's the kind of thing you need to tell the magistrates.

 

Did you find your lawyer?

 

HB

[Blackcat13]

Yes my solicitor is coming with me today. 
Will my solicitor speak for me or do I have to? 
He hasn’t really told me anything 

[honeybee13]

Maybe, I'm not sure not having been in this situation. You need to be ready with answers if the lawyer speaks for you and the mags ask him questions he doesn't know the answers to.

 

HB

[Blackcat13]

Ok thank you 

[honeybee13]

What time are you there? We'll be thinking of you.

 

HB

[Blackcat13]

10:30 this morning 

 

Thank you 

 

I have read so many different things though… people in the same situation as me get a fine others a fine and a criminal record. I just wish it was consistent so at least I would know what was coming. 
 

 

[honeybee13]

All you can do is be guided by your lawyer and answer any questions truthfully. Make sure he knows the impact on your life if you receive a conviction.

 

Please let us know how it goes.

 

HB

[Blackcat13]

Ok thank you 

[learco]

the home insurers load up the premium because of the conviction.

 

have you told your insurers you will be getting a conviction? if you haven't already don't tell them.

as i explained cancel your policy and take a new policies up elsewhere. 

when you get home after your conviction cancel your existing policy and look for one which does not require disclosure of NON-motoring convictions. This way you will not be paying more premium for car insurance.

 

For home insurance do the same, cancel existing and take out a new one with an online broker. I can provide a link if it is allowed.

 

I got a fine because the starting point for my offence was a fine as told by the court clerk. the judges then determine if there are aggravating or mitigating circumstances. I pleaded guilty straight away and expressed remorse so that got me a low level fine compared to a higher fine or community service.

 

We have bot been unlucky in the sense that only a handful of council prosecute under the fraud act, most prosecute under the road traffic act only which is a lesser offence, some even offer a caution!! but this is the situation and you cannot change it now. You need to focus on damage limitation.

Edited October 13, 2022 by dx100uk
unnecessary previous post quote removed