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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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my daughter has misused my sons blue badge and been caught

Resolved Question:

my daughter has misused my sons blue badge and been caught by a warden
I I wrote a letter for her explaining that she had my son with her at the time... i now find out she didn't...
I have lupus and sjogren's syndrome and have just had some operations I'm a single parent to jj (15) and she has been a godsend helping me with him. I signed the letter I wrote believing it to be the truth but now find out it wasn't.
I have told her to just be truthfull, tell the truth and apologise... but I'm now also worried that I will be in trouble...
what a mess... have you any advice?
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.
What would you like to know about this please/
Customer: replied 2 years ago.

I want to know what will happen to my daughter in the caution - shes 24 and has a history of depression... shes never been in trouble and is a good girl + helps me a lot with JJ who has ASD mild CP and learming difficulties...

As I've said before I also have Lupus & Sjogrens syndrom and at the mo my health is very poor.

I wrote a letter with what I first thought the facts were as she told me she did have my son with her at the time... so I pp the letter with my name saying I was her Mother...

then she admitted that my son wasn't with her and she had had a moment of stupidness and had used it... not she tells me she has used it in the same carpark a number of times!!!

will I now get involved in this because of writing the letter - and what will happen to her....

Expert:  Jo C. replied 2 years ago.
She is likely to be prosecuted I'm afraid. They are becoming very potent upon blue badge abuse. Her circumstances are a non issue from the point of view of whether or not she will be prosecuted. There is an outside chance they would not but I wouldn't rely on it.
In terms of what sentence she will face, it only carries a fine. They would not charge her with fraud unless there is much wider evidence of abuse.
In terms of the letter that you wrote, if all you do is assert what she has said to you and you did not present yourself as a witness of fact in the case then there is no case against you. If you said something untrue then possibly there may be but it is not really likely they would prosecute you.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

excuse my ignorance... what exactly does prosecute mean?

and will she have a criminal record?

Expert:  Jo C. replied 2 years ago.
Prosecute for blue badge abuse.
Yes, it does carry a criminal conviction I'm afraid although it will be spent after a year as she will be fined.
I'm afraid though that midwifery would require an enhanced DBS check so spent convictions show. That said, it might not appear because the prosecution is brought by the council not CPS.
Customer: replied 2 years ago.

thanks for your help... at the end of the day - shes done wrong....

kazi