Author Topic: INTERVIEW UNDER CAUTION  (Read 399 times)

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BuzzingBee

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INTERVIEW UNDER CAUTION
« on: February 07, 2024, 05:02:36 pm »
My council has asked me to attend an interview under caution for a vehicle contravention of section 117 of the Road Traffic Regulation Act 1984. It all started when I used a blue badge, which was cancelled. I am a disabled veteran and do have a blue badge. However, on this day, I used a cancelled blue badge, which I had reported lost and had been issued a new one. I must admit i used both badges at the same location on two different cars. Not proud of playing the system but its already happened and i can only learn from this.

I would like some help on how to go about this interview as what I say will determine if the council takes further action or not. Thank you.
« Last Edit: February 07, 2024, 06:00:56 pm by BuzzingBee »

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M60NJP

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Re: INTERVIEW UNDER CAUTION
« Reply #1 on: February 07, 2024, 05:29:45 pm »
The obvious Q is why you used the cancelled one having been issued a new one? Are they suspicious that the new one is 'elsewhere'?........

BuzzingBee

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Re: INTERVIEW UNDER CAUTION
« Reply #2 on: February 07, 2024, 05:36:12 pm »
The obvious Q is why you used the cancelled one having been issued a new one? Are they suspicious that the new one is 'elsewhere'?........


They have not said if they do or not; however, I did use the cancelled one because the new one was also being used at the same location. I admit i took advantage of the system by using two badges at the same time on different cars. Not proud of what i did.

M60NJP

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Re: INTERVIEW UNDER CAUTION
« Reply #3 on: February 07, 2024, 05:50:07 pm »
Oh dear. Whilst it's never certain, councils do seem to act robustly at BB abuse, so they will very likely pursue this.

Sorry to answer a Q with 'it depends' , but a lot depends on how you want to play this? It may make sense to fall on your sword unless you have a wizard wheeze to explain legally & honestly why the other one was also in use, but it reads that you haven't.

Best to wait a day on so on here to see what better informed folks can add.

Google says it's a fine (max 1000) and confiscation of the badge - but that was a London based reference, IDK if it differs elsewhere.
« Last Edit: February 07, 2024, 05:52:43 pm by M60NJP »

BuzzingBee

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Re: INTERVIEW UNDER CAUTION
« Reply #4 on: February 07, 2024, 06:01:55 pm »
Oh dear. Whilst it's never certain, councils do seem to act robustly at BB abuse, so they will very likely pursue this.

Sorry to answer a Q with 'it depends' , but a lot depends on how you want to play this? It may make sense to fall on your sword unless you have a wizard wheeze to explain legally & honestly why the other one was also in use, but it reads that you haven't.

Best to wait a day on so on here to see what better informed folks can add.

Google says it's a fine (max 1000) and confiscation of the badge - but that was a London based reference, IDK if it differs elsewhere.

Thanks for all the help. i appreciate it. im not worried about the fine and badge. Its the criminal record im worried about.
« Last Edit: February 07, 2024, 06:05:05 pm by BuzzingBee »

666

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Re: INTERVIEW UNDER CAUTION
« Reply #5 on: February 07, 2024, 06:38:39 pm »

Google says it's a fine (max 1000) and confiscation of the badge - but that was a London based reference, IDK if it differs elsewhere.

I seem to recall some councils treating such cases as fraud, which carries considerably more sever penalties.

Daim456

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Re: INTERVIEW UNDER CAUTION
« Reply #6 on: February 08, 2024, 01:34:17 pm »
Two different cars, why is that.

From what I know that the Blue Badge is issued personally. (Apart from Organisation Blue Badges)

BuzzingBee

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Re: INTERVIEW UNDER CAUTION
« Reply #7 on: February 08, 2024, 01:41:23 pm »
Two different cars, why is that.

From what I know that the Blue Badge is issued personally. (Apart from Organisation Blue Badges)

We have two cars parked on the same street. It's a public parking with a lot of other cars. I reported my blue badge lost and was issued a new one. I found the old one and therefore had two. The old and new one. The old one, which had been cancelled due to being reported as missing, was issued with a PCN and reported to the council. Council now want to interview me under caution. I hope this helps clear up your question.

Daim456

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Re: INTERVIEW UNDER CAUTION
« Reply #8 on: February 08, 2024, 07:17:12 pm »
Two different cars, why is that.

From what I know that the Blue Badge is issued personally. (Apart from Organisation Blue Badges)

We have two cars parked on the same street. It's a public parking with a lot of other cars. I reported my blue badge lost and was issued a new one. I found the old one and therefore had two. The old and new one. The old one, which had been cancelled due to being reported as missing, was issued with a PCN and reported to the council. Council now want to interview me under caution. I hope this helps clear up your question.

It seems like you are banged to rights.

Under the legislation and in Blue Badge booklet the badge can be only used in 2 situations.

1. A driver who is a Blue Badge holder is allowed to display the badge when parking.
2. A passenger who is a Blue Badge holder who has been getting in or out of a vehicle is allowed to display Blue Badge while the vehicle is parked.

At the back of the Badge there is a clear condition that it says if the badge is found it should be returned to the local authority.

As you have mislead the local authority and I would not be surprised if they prosecute you for fraud. If you are convicted of fraud and you would have to declare to insurance companies including car and home insurances, etc.

andy_foster

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Re: INTERVIEW UNDER CAUTION
« Reply #9 on: February 08, 2024, 10:28:01 pm »
The old one, which had been cancelled due to being reported as missing, was issued with a PCN and reported to the council. Council now want to interview me under caution.

Clutching at straws/sanity check...

When you say a PCN was issued to the car with the cancelled BB, I assume that the PCN was for a parking contravention that a valid BB would have negated, or that the can cancelled BB was being used at the time it was observed to gain an exemption, as opposed to merely being sat on the dashboard with no apparent benefit?

From your narrative, this is all but certain, but IMHO worth confirming as it is an essential ingredient of the specific offence.
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