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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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My mother was visiting family and placed her blue badge in

Customer Question

My mother was visiting family and placed her blue badge in the car that transported her there. She was a passenger in the vehicle. The car is registered in my name. Later that morning she briefly popped home (which is only 5 minutes away) to meet with her Age UK home help visitor. She was taken home in another car. The badge remained in my car outside the family members home on a pay & display zone.
During the period when she popped home to meet her home help, she was called by the Council. My mother said that the Council Officer told her that her blue badge was no longer available. She interpreted this to mean that her badge was due to expire and that she should reapply for another. She replied ‘my son do for me.’ English is not my mother’s first language and she is also hard of hearing. When her home help visitor left she returned to continue her visit with her family. Later that day when she returned to the car that had originally taken her to visit family, she found a PCN on the car.
She appealed against the PCN stating the above facts. However, the Council’s reply was:
Although the vehicle was seen parked displayed a valid blue badge, a civil enforcement officer (CEO) who checked the vehicle, telephoned the blue badge team investigator who telephoned the blue badge holder who confirmed that you were at home and not with the vehicle. This is blue badge misuse.
Your informal representation (appeal) does not match the conversation that you had with the blue badge investigator. That conversation was recorded as follows:
BB team contacted the badge holder at home and she confirmed that she was at home and that her son does everything for her and she was advised that he could not use her badge. A pcn was issued for misuse of bb.
The CEO recorded the following:
DB: 264AF6 OWNER AT HOME IN ST JOHNS PLACE. CALLED BY BLUE BADGE OFFICER TO CONFIRM LOCATION. SHE INFORMED BH770 THAT HER SON IS USING HER DISABLED BADGE.
My mother is elderly and cannot deal with stressful situations and so decided to pay the £35 PCN.
I have now received a letter from the Council headed Road Traffic Act 1984 Sections 112 and 117 investigating alleged misuse of a disabled parking blue badge. They are asking me as the registered keeper of the vehicle to provide information as to the identity of the driver. They are also asking for the badge to be returned to the Council in accordance with section 116 of the RTRA 1984.
Please advise.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What would you like to know about this please?
Customer: replied 1 year ago.
My mother was visiting family and placed her blue badge in the car that transported her there. She was a passenger in the vehicle. The car is registered in my name. Later that morning she briefly popped home (which is only 5 minutes away) to meet with her Age UK home help visitor. She was taken home in another car. The badge remained in my car outside the family members home on a pay & display zone.During the period when she popped home to meet her home help, she was called by the Council. My mother said that the Council Officer told her that her blue badge was no longer available. She interpreted this to mean that her badge was due to expire and that she should reapply for another. She replied ‘my son do for me.’ English is not my mother’s first language and she is also hard of hearing. When her home help visitor left she returned to continue her visit with her family. Later that day when she returned to the car that had originally taken her to visit family, she found a PCN on the car.She appealed against the PCN stating the above facts. However, the Council’s reply was:Although the vehicle was seen parked displayed a valid blue badge, a civil enforcement officer (CEO) who checked the vehicle, telephoned the blue badge team investigator who telephoned the blue badge holder who confirmed that you were at home and not with the vehicle. This is blue badge misuse.Your informal representation (appeal) does not match the conversation that you had with the blue badge investigator. That conversation was recorded as follows:
BB team contacted the badge holder at home and she confirmed that she was at home and that her son does everything for her and she was advised that he could not use her badge. A pcn was issued for misuse of bb.
The CEO recorded the following:DB: 264AF6 OWNER AT HOME IN ST JOHNS PLACE. CALLED BY BLUE BADGE OFFICER TO CONFIRM LOCATION. SHE INFORMED BH770 THAT HER SON IS USING HER DISABLED BADGE.My mother is elderly and cannot deal with stressful situations and so decided to pay the £35 PCN.
I have now received a letter from the Council headed Road Traffic Act 1984 Sections 112 and 117 investigating alleged misuse of a disabled parking blue badge. They are asking me as the registered keeper of the vehicle to provide information as to the identity of the driver. They are also asking for the badge to be returned to the Council in accordance with section 116 of the RTRA 1984.Please advise.
Customer: replied 1 year ago.
I would like legal advice on how to defend against these allegations of blue badge misuse.
Expert:  Jo C. replied 1 year ago.
On what basis? She seems to accept that she wasn't with the blue badge?Sorry if I am missing the point?
Customer: replied 1 year ago.
She briefly popped home then returned to the car displaying the badge. Does that mean that the driver of the car is guilty of blue badge misuse and liable to prosecution? Further, the Council appear to have completely misunderstood her comment about 'my son do for me' and have interepreted this as her son is misusing her blue badge. It appears from your comments that you are unable to assist me in this matter. I will appoint a local solictor to defend my mother and I against these allegations. Please arrange a refund of the fee. Kind regards.
Expert:  Jo C. replied 1 year ago.
I'm afraid that on these facts she has no defence.This is blue badge misuse.However, I will opt out.