Unfortunately, we are unable to offer free consultations for Blue Badge Misuse enquiries.
If you wish to speak to a member of our legal team about a Blue Badge Misuse related matter, we charge a non-refundable fee of £250 plus VAT (£300) payable in advance of your consultation.
If you choose to instruct the JS Miller Team within seven days of your consultation, any further fees payable will be reduced by the amount of this consultation fee.
Parking rules and charges can get most motorists hot under the collar, especially when common sense can seem to be lacking. Thankfully, the blue badge scheme does make parking easier for those with impaired mobility. However, relatives and friends of blue badge holders may be lulled into a false sense of entitlement to use the badge when they do not strictly meet the criteria for doing so. Such behaviour could result in a lot more than a parking fine being issued and in extreme circumstances, could lead to a spell behind bars!
Criteria to use a blue badge
Disabled parking badges, commonly referred to as ‘blue badges’ are provided to those with impaired mobility or disabilities to allow for convenient parking when travelling. Badges are administered under the Chronically Sick and Disabled Persons Act 1970.
Blue badges are usually provided to those in receipt of certain state benefits or where medical evidence is provided to the local authority that demonstrates an enduring and substantial disability. Full eligibility criteria will be published by your local authority.
The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 state that a badge can be validly displayed in a vehicle if:
- The vehicle is being driven by the holder of the badge, or the vehicle has been used to carry the holder to the place where it is parked; or
- The vehicle is to be driven by the holder, or is to be used to carry the holder from the place the vehicle is parked.
In plain(er) English, you can use the badge if you yourself are the badge holder or if you are driving the badge holder to the place where you park or you are collecting the badge holder from the place where you park.
Offences
Failing to display a blue badge in a parking spot is a civil offence for which the registered keeper will be fined.
There are several fairly serious criminal offences that could be committed if you misuse a blue badge.
Wrongful use of a disabled person’s badge – Section 117 of the Road Traffic Regulation Act 1984
This may also be referred to as misuse of a blue badge.
A person is guilty of an offence if they wrongfully:
- Display a badge purporting to be a valid blue badge; and
- The vehicle is being used in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle.
This may occur if the blue badge is not being used by the blue badge holder, nor is a vehicle being used to carry the blue badge holder.
It is a defence if the badge is being used and displayed correctly in the circumstances.
This is a summary only offence meaning that the Magistrates’ Court have sufficient sentencing powers and the matter will not be in front of a jury at the Crown Court.
The offence carries a financial penalty and likely confiscation of the badge.
Mishandling of parking documents and related offences – Section 115 of the Road Traffic Regulation Act 1984
Section 115 covers a wide array of offences relating to the misuse of parking documents. This would cover, for example, lending a ticket issued by a parking meter to another person or, a person using, lending or allowing a blue badge to be used with intent to deceive.
This is a more serious offence than the section 117 offence as there would likely be evidence of a deliberate attempt to deceive, such as pretending to be the badge holder and advising a parking warden that you were entitled to park in a disabled bay to avoid paying parking fees.
This is an “either way” offence, meaning it can be dealt with in the Magistrates’ Court or Crown Court before a jury and can carry a custodial sentence, although the likely outcome would be a financial penalty, or a community order being imposed such as unpaid work in the community or an electronically monitored curfew.
Fraud – section 2(1) Fraud Act 2006
A charge of fraud may be considered in the most serious of cases and a charge under the Fraud Act 2006 would usually follow in circumstances where:
- A fake blue badge is used;
- A stolen badge is used; or
- The badge belonging to a deceased person is used.
A person is in breach of the Fraud Act 2006 if they:
- dishonestly make a false representation (using the blue badge of a deceased person for example) and;
- Intends by making the representation to make a gain for themselves or another, or to cause loss or risk of loss to another (the gain would be to avoid paying any parking fees).
Depending on the facts of each particular case, a penalty may range from a fine up to a custodial sentence. This is an either-way offence, meaning it can be dealt with by the Magistrates’ or Crown Court.
Your options
Some of these charges are serious, and legal representation early on can make a huge difference in terms of the eventual outcome.
Prosecutions are usually led by the local authority for each offence and it may be possible for the matter to be dealt with by way of an administrative caution being imposed, as an alternative to court prosecution.
If you are charged with any blue badge offences, please contact our specialist serious prosecutions team on 0161 274 5588 to purchase an initial consultation for £250 plus VAT (£300).
36 comments
i am a blue badge holder , yesterday i parked in a bay with my blue badge openly displayed on my dashboard . i returned aprox 30mins later and found a pcn on my car. i did not see why . it was later that i realised the time may have been set wrong . when the clocks went back a week or so ago i couldnt work out how to change the time on my dashboard clock . I usually glance at this clock when i need the time and i may well have set my blue badge clock one hr out. I cannot be sure ,
the PCN on my dashboard quoted code 40 ,. code 40 in itself says i did not display a blue badge . does this cover not entering the correct time.
Thank you for your time , even if the PCN is correct.
Dear Alan,
Thank you for your enquiry. We would suggest that you ask the provider of the penalty charge notice/parking charge notice why they are alleging you did not display your badge if it was, in fact, on the dashboard. It is possible for a penalty notice to be issued if the time displayed is incorrect and this may mean that the time limit for parking has lapsed. If they explain this as the reason, you may be able to explain the situation with the clocks going back and ask them to reconsider their position on the basis that the badge was displayed. It may be that they refuse to cancel the pcn in which case, you may decide to pay the fine if the reason for the pcn was that an incorrect time was displayed.
We hope this helps.
The JS Miller Team
Hello,
I wrongfully displayed a cancelled blue badge to park my care, and I have now been invited for an interview to discuss the matter. At the time, I did not understand the severity of the crime. Will I be convicted, have a criminal record?
Dear Jason,
Thank you for your enquiry. It is possible to be prosecuted by the court for a charge of wrongful misuse of a disabled badge which may apply here due to the use of a cancelled blue badge. The local authority can also issue warnings or cautions as an alternative way to deal with the matter rather than it proceeding to court. If convicted at court, it would form part of your criminal record, and carries a financial penalty.
If you would like to discuss your options further, please contact us on 0161 274 5580.
Kind regards
JS Miller Solicitors
Hi, I recently misused my mums blue badge, which resulted in my car being pounded and blue badge been taken away.
can you please advise me on how to deal with the matter as now im being calling in for an interview for fraud on a bkue badge. would i receive a fine and/or be prosecuted?
Dear Harry
Thank you for your enquiry.
As you have been called in for police interview, we would advise you to call our office on 0161 274 5580 so that a member of our specialist motoring team can advise you further. We are unable to specifically advise you on the consequences without obtaining some further information from you.
We look forward to hearing from you.
Yours faithfully
JS Miller Solicitors
Hi
I used my fathers blue badge and received a letter in father’s name to give information on my father’s whereabouts and keepers details and driver details.
What shall I do? My father is not in good mental state due to stroke and other medical conditions and I don’t wants home to get stressed with this. What shall I do
Dear Gary,
Thank you for your enquiry.
The council will be investigating a potential criminal charge of misuse of a disabled badge. If your father is the registered keeper of the vehicle, then he is under a legal obligation to confirm who was driving the car at the time or he faces a separate criminal charge of failing to provide driver details which carries a financial penalty, and if dealt with by the Magistrates’ Court, a criminal conviction. He must respond to identify the driver. If your details are provided then the council will explore a charge of misuse against you. We would invite you to speak with us directly about your options further on 0161 274 5580.
Kind regards
JS Miller Solicitors
My husband recently used my son’s blue badge and it was confiscated by a council worker who also took his details and photograph.
Is there a time limit for them to get in touch with him / prosecute him? Thanks.
Hi Jen,
Thank you for your enquiry. The council will determine whether to pursue criminal proceedings against your husband. The time limit to do so depends on the offence; there are 3 possible offences that he could be charged with in this situation. The first and most common offence is wrongful use of a blue badge, this is a summary-only offence (meaning it will be dealt with by a Magistrates’ Court) and therefore the time limit to lay information is six months.
The other two offences are mishandling of parking documents and fraud which are triable either-way offences (meaning they are more serious and can be dealt with by either the Magistrates’ Court or Crown Court) and are not subject to the six-month limit.
To get further advice and support on dealing with your husband’s blue badge offence please call our office on 0800 1389 123 and a member of our specialist team will be able to assist.
We hope this helps!
The JS Miller team.
Hello
I got caught in a moment of madness going to use my mother in laws blue badge, parked in a disabled spot, set the time on the badge, there for less that 3mins when I got asked to show the blue badge, never left the car to go anywhere, I was in a rush to pick my passport up in Liverpool, they took the badge and my details, what will happen now ??
Dear Lee,
Thank you for your enquiry.
The council may be in touch with you or the registered keeper of the vehicle directly( if this is someone else) to confirm the identity of the driver. This is a legal requirement to comply with. If the registered keeper fails to give this information they face an alternative criminal charge of failing to provide driver details. It is anticipated that the council will investigate a potential criminal charge of misuse of a blue badge if the badge was not used for the benefit of the holder. This carries a financial penalty and if dealt with by the courts, a criminal conviction. Please contact us directly to discuss your options further on 0161 274 5580.
Kind regards
JS Miller Solicitors
My car was impounded in Glasgow
For the use of my deaceased fathers badge
I know it should have surrendered
I was being naughty
Council took £200 off me to get car park and I surrendered badge to them.
Can I
Will I be charged
I can’t sleep with worry
Dear William
Thank you for your comment. Unfortunately, we are unable to advise on matters within Scottish jurisdiction.
Kind Regards,
JS Miller Solicitors
Hi there
Can you please tell me if you give an address to obtain a blue badge, but you claim to live somewhere else at another address is this against the law.
Regards.
Tony.
Dear Gaetano,
Thank you for getting in touch.
Disabled badges are issued by local authorities and they can only be granted to the residents of that area. It is, therefore an offence to purposely provide an incorrect address and if caught, you may be prosecuted for fraud.
We hope this assists,
JS Miller Solicitors
On the day of ….. an emergency came up at work which I had to make my way to work asap, I rarely drive to work because if I do it cost more (petrol and parking) so I would take the public transport.
The quickest and easiest was to drive at the time , got to my destination and found the first parking space I could find hoping to do what I need to at work and find a safe parking space where I can pay or free to park.
My x partner owns a car and drives mine from time to time and would use the blue badge to park and had use my car in the early A.M before I came to work and where I was rushing I didn’t take notice of the badge , I just wanted to get to work find, sort what I needed to and go .
I’ve never ever used a blue badge, my x partner would when travelling somewhere or in the car with me as a passenger going somewhere.
I never have and would ever use my x partners or anyone’s badge . I know it’s illegal and a fraudulent act.
The very same day I approached my x partner about forgetting the badge and the problems I had which led to a whole disagreement and arguments at my house , took belongings and went .
I work for the council and never jeopardise my means of income for anything.
The parking attendant also made me feel embarrassed and disappointed within myself with what he was saying to me to the point I wasn’t even able to think and speak properly.
I had no intention of doing no form of fraud ever.
Now I would like to seek legal advice for the matter so it can be resolved and to prove my intention was not on purpose, I have been diagnosed with anxiety and depression and I wasn’t thinking at the time and I really need some advice
Yours sincerely:
Hi Antwonette,
You are only likely to be accused of fraud if your misuse of the badge involved dishonesty, for example; the badge was fake, stolen, belonged to a deceased person, or you pretended to be the badge holder when questioned by the attendant.
There are several possible criminal offences related to misusing disabled badges and the most common penalty is a fine and confiscation of the badge. However, depending on the facts, the penalty can be more severe.
We will require some further information to advise and assist you, therefore please call a member of our team on 0800 1389 123.
We hope this helps,
The JS Miller Team.
Good Morning
I parked in a parking bay and used my Mothers blue badge a fraud officer came and told me I had been reported for misuse and had been observed. They took the badge and I have to go to the council fraud department for an interview. What outcome could I expect.
Hi Terry,
Thank you for your comment.
There are several possible criminal offences linked to the misuse of a blue badge:
Please give us a call if you require assistance with this matter and a member of our expert team will be able to assist you.
We hope this helps,
The Geoffrey Miller Team
Good morning,
My dad placed my deceased mum’s blue badge on my car whilst I came to visit him at his house. (Residents only bay). I had no idea he done that as we both came into the house and he then did it on his own.
A traffic warden came after and issued a parking ticket
My dad didn’t understand at the time the badge was cancelled and thought it was valid for another year. He knew he was wrong to do it however due to my mum’s absence.
We were told that a letter would arrive soon and wanted to know what this letter would outline and what would be the potential consequences?
Dear Aklak,
Thank you for your enquiry. To be able to give you specific advice about the potential next steps, we ask that you call our office on 0161 274 5588 where a member of our specialist team will be able to advise you further.
The main offences that could be considered by the local council against your father would be:
1. Wrongful use – this is where the blue badge is used by an individual who is not the holder and where the vehicle does not carry this holder. This will most likely result in a fine and confiscation of the badge; and/or
2. Fraud – Under section 2(1) of the Fraud Act 2006, this offence applies where a person makes a false representation dishonestly to make a gain for themselves or another. A primary example of this is using the blue badge of a deceased person to avoid paying parking fees. The penalty can range from a fine and the confiscation of the blue badge to a custodial sentence.
The penalty given will be at the discretion of the court based on the facts of the case.
We look forward to hearing from you soon.
Kind regards,
The JS Miller Team
Hi my friend reported her badge lost and we’d found it in my car we parked on holiday and didn’t realise we’d used the wrong badge it’s been reported to the local council and police
Could we get our motability cars taken off us or fined
Dear Jaime,
Thank you for your query.
It is difficult to determine what you might be charged with without all the details of your case.
This includes whether there was any attempt to deceive, where your car was parked when it had been reported, whether you used the offending vehicle and had benefitted from the badge, as well as how long the offending behaviour persisted.
You would be guilty of misusing a blue badge under section 117 of the Road Traffic Regulation Act 1984 if you:
1) Displayed a badge purporting to be a valid blue badge; and
2) The vehicle was used in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle.
This would likely have occurred if the blue badge was not being used by your friend, nor used as a vehicle to carry them.
This offence would likely result in a fine and confiscation of the blue badge.
If other factors such as the intent to deceive were present, you may be charged with a more serious offence of mishandling parking documents under section 115 of the Road Traffic Regulation Act 1984. This could carry a custodial sentence but will likely result in a community order or a fine.
We cannot advise if your car will be revoked by Motability – it is best that you get in touch with the company to ascertain their policy in these matters.
Kind regards,
The JS Miller Team
Hi I parked in a limited parking area on the side of a road
We were on holiday and the local council moved my car by tow and had called the police and our local council because the badge had been cancelled
We’d mistakenly picked up the old badge my son is disabled and my friend’s daughter is also disabled
How long does it take for them to contact you and start processing the report
Hi, my sister was extremely ill in hospital and my other sister was taking my mum back and forwards to the hospital, my mum is a blue badge holder. My sister went to the city centre and remained in her car waiting for her daughter, she was parked on a single yellow line. The badge was not open, however was in a holder closed on my sisters dash as my mum had forgotton to take this with her when being dropped off from the hospital. An enforcement officer confiscated the badge. Now both my mum and sister have been invited to the fraud office at the Council offices. What is the likely outcome as the badge was not being displayed and my sister was not in a disabled parking bay and was still in her vehicle?
Dear Leanne,
Thank you for your online enquiry, we are happy to assist and we have sent you an email.
We look forward to speaking with you shortly.
Kind regards,
The J S Miller Team
I am disabled with a blue badge. I recently reported my blue badge lost but found it later. However unknown to me the old one had been cancelled. I got a PCN and now have received a later from the Internal Audit and Anti Fraud team saying I am in contravention of section 117. What is the likely outcome?
Hi Godfred,
Thank you for your enquiry.
There are three possible outcomes for a blue badge offence; misuse, mishandling, or fraud. These offences vary greatly in seriousness and are based on the facts of an individual case.
For us to be able to properly advise you of the potential outcomes and the next steps, we will need to take some further information from you. Please call our office on 0161 274 5580 so that we can arrange for a consultation with you.
We hope to hear from you soon.
The JS Miller Team
My mother is a blue badge holder. We arranged to meet up and do christmas shopping together one day. I parked the vehicle displaying bluebadge at shopping centre disabled carpark waiting for her to meet up. A council investigator arrived and confiscated the badge saying holder is not present and badge is being misused. He tried calling her number but my mother doesn’t answer calls from private numbers. I now received a court hearing letter for wrongful use of disabled person’s badge and have to either plead guilty under the ‘singe justice procedure’ , plead guilty in court or plead not guity.
My understanding is I commited no offence since I was collecting the badge holder from the place where the vehicle is parked, as it’s printed on the reverse of parking badge.
In your opinion
1- do I have a chance pleading not guilty and winning the case?
2- If I plead guilty under ‘single justice procedure’ or to be convicted guilty at hearing will this form on my criminal recorde?
Thank you
Thank you for your query. Please call the office on 0800 1389 123 for details of our Blue Badge Consultation service.
Hi,
I recently took a friend who owns a blue badge with me to university as they had told me that they were unable to drive that day, and asked if I could pick them up and take them home from the campus. When we returned to my car I saw a pcn and was very confused, as the badge was displayed correctly, and so appealed the ticket.
However, the response to the appeal informed me that my friend’s blue badge was stolen, and I received a letter saying that I must return the badge within 7 days or be taken to court.
I was completely unaware that the badge my friend provided was a stolen one, and when I found out I was furious with them, and asked that they hand it in, however they refused and will not speak to me any more.
How would you suggest I handle this situation? I am very concerned, as I have no blue badge to hand in to the council, and do not want to be taken to court when I had no intention to deceive and truly believed I was rightfully using the badge.
We offer a paid consultation service for blue badge misuse enquiries for an up-front fee of £250 plus vat (£300). If you wish to obtain advice on how to deal with your situation, please call the office and they will explain the next steps and process payment.
Hi,
I dropped my dad off to town with my mum but wasnt aware if he had an appointment or wanted to go shopping. He went to go shopping, so while i was parked up in the car with the blue bagde the warden came and i told her that my dad was at an appointment. She confiscated the blue bagde and asked to ring my dad but my battery was running and wasnt able to. She told me that its up to the blue bagde team, what they would want to do. I’m a bit concerned of what’s going to happen next as I don’t want to face court and this is the first time, this has happened….
Hi,
We offer a paid consultation service for blue badge misuse enquiries for an up-front fee of £250 plus vat (£300). If you wish to obtain advice on how to deal with your situation, please call the office and they will explain the next steps and process payment.
Jeanette Miller
Managing Director
Geoffrey Miller Solicitors