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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience:  Over 5 years in practice
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I have been called to an interview under caution for misuse

Customer Question

I have been called to an interview under caution for misuse of a disabled blue badge. I was asked to hand over the badge by a parking/traffic warden was he acting within his legal jurisdiction by seizing the badge? How should I approach the interview - likelyhood of prosecuting or will it be dealt with by other means of a penalty I'm not denying the offence
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have any previous convictions?
Customer: replied 2 years ago.
No
Expert:  Jo C. replied 2 years ago.
Thanks
What is the nature of the misuse?
What happened exactly?
Customer: replied 2 years ago.
At the time of parking I had the disabled person with me however at the time that I spoke with the parking warden the person was not with me I was therefore asked to hand over the badge immediately. The offence took place 3 weeks ago and I have today received notification to attend an interview under caution. I'm wondering if I should attend with legal representation
Customer: replied 2 years ago.
At the time of parking yellow bollards had been installed which I assume indicates suspended parking what impact/bearing would this have in the interview?
Customer: replied 2 years ago.
At the time of parking yellow bollards had been installed which I assume indicates suspended parking what impact/bearing would this have in the interview? Also at the time that the badge was seized I was not issued with a notice/receipt nor was I told that any further action would be taken I was informed that I would have to reapply for a blue badge
Expert:  Jo C. replied 2 years ago.
Thanks.
Is this the first time that you have done this? Not just the first time you've been caught?
Customer: replied 2 years ago.
This is the one time I have misused such a badge
Expert:  Jo C. replied 2 years ago.
Thanks.
He was free to seize the blue badge I'm afraid. It used to be that only police officers could seize them but the law recently changed to allow wardens to do so.
In terms of how to approach this, you do certainly need representation. You may not get legal aid for it though so that is a factor to consider but you should look into it. You would be better with representation.
There is a chance that they will let you off with a fixed penalty fine. That has the advantage of not leading a court appearance. I cannot immediately see any reason for a summons to court here but obviously I haven't had full vision of the case and it is fair to say that they are becoming very aggressive about these prosecutions.
Since you don't seem to have a defence though, you may as well confess and apologise in the hope of a fixed penalty. Its not often that I suggest that a person fully confess but here its your only chance.
They may revoke the blue badge I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Youve been most helpful and provided a framework for upcoming interview. Much appreciated would be happy to recommend
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
If the local authority decide to prosecute is it possible to ask for my name to be suppressed as the impact it would have on my children should it be in the public domain could be considered detrimental to their well being? What is the process?
Expert:  Jo C. replied 2 years ago.
No, I'm afraid not. Prosecutions are public in the UK.
Customer: replied 2 years ago.
Should I have been issued with a notice/receipt from the parking warden upon removal of badge? I was informed that I would have to reapply for the badge believing the matter was closed. Several weeks later I have received a letter requesting an interview under caution. Please advise
Expert:  Jo C. replied 2 years ago.
They don't have to do that but they usually do.

You can apply for the badge back.

That doesn't mean the allegation cannot be pursued though.
Customer: replied 2 years ago.
Am I legally bound to attend an interview under caution?
Expert:  Jo C. replied 2 years ago.
No but if you don't then you will lose your opportunity to put any defence or mitigation.
Customer: replied 2 years ago.
Thank you for your help most appreciative
Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

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