How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81062
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My daughter has been charged for an offence "misuse of a

Customer Question

Hi, my daughter has been charged for an offence "misuse of a disabled person's blue badge on 13 May 2021 and have only just received the notice. We need help as she was just trying to help her nan by getting some stuff for her unfortunately she did feel well so left her home but used her blue badge in her absence. so now I need help I'm confused as to what category to tick "guilty - I do not want to go to court" and then "Gulity - I want to come to court and finally "not guilty - send me the date of the trial". My daughter has made a mistake and its a misunderstanding that we could use the blue badge to collect things for her so its out fault. How do we tackle this as it says if you are guilty and don't go to court we can sentence or fine you. The word sentence is scary! please advice
JA: Where are you? It matters because laws vary by location.
Customer: Sandwell, West Midlands
JA: What steps have you taken so far?
Customer: nothing the form has just come through the post on Friday
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Is this free service
Submitted: 11 days ago.
Category: Law
Expert:  Jo C. replied 11 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 11 days ago.
Thank you Jo, the question is above
Customer: replied 11 days ago.
Can you please type your response
Customer: replied 11 days ago.
Please respond
Customer: replied 11 days ago.
I cancelled phone consultation
Expert:  Jo C. replied 11 days ago.

Are you asking if you can avoid going to court?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
Without being charged a big fine
Expert:  Jo C. replied 11 days ago.

Thank you.

I am sorry but I cannot give you good news. I'm afraidyou are in difficulty here.

I have to tellyou the truth.

I am sorry but itwould be wrong of me to avoid giving you the downside of your

position.

The short answer is that there is no failsafe way to stopthis going to court. You accept travelwithout a valid ticket and so have committed an offence. They are entitled to prosecute it.

This is almost certainly S17 Railway ByLaws which are ofstrict liability. Either you did have aticket or you did not.

You could ask them to give you the internal fine or tosettle out of court. Sometimes they willagree to that. You cannot demand itthough and usually they are in the region of £200-£300. But it is an offer you can make and it mightwork.

If it does go to court then you would only get a fine and itshould not show on DBS checking as it is not prosecuted by CPS. There is an outside chance that it might butnot likely.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer toevery legal problem there would be no need for anything to ever proceed tocourt.

The ultimate decisioncomes from a county court judge in a civil case or from the magistrate in acriminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Customer: replied 11 days ago.
Thank you for your answer Jo so its best to tick that she is guilty and want to go to court to avoid going on DBS as I don't want this on my daughters record
Customer: replied 11 days ago.
She works for a top accountancy company and is worried that it does affect her employment in any way or when she is applying for a job.
Customer: replied 11 days ago.
that this fine does Not affect her employment in any way
Expert:  Jo C. replied 11 days ago.

Im afraid it could show on enhanced DBS checking.

But that is less likely if she is able to settle out of court.

Customer: replied 11 days ago.
Ok thanks very much for your advice - much appreciated
Expert:  Jo C. replied 11 days ago.

Good to talk to you.

No problem.

All the best.

Hopefully,I have answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Customer: replied 11 days ago.
Thanks very much!
Expert:  Jo C. replied 11 days ago.

welcome.