Charged for fraud - blue badge fraud

[dedalus]

If I don't get jailed I will certainly report back...

[DE DOGS]

Good luck And don't do it again.

[HandyAndy]

Usually the duty will only help in cases where custody is possible. Looking at the guidlines I do not believe it is for this offence

For information, the Duty Solicitor is available for the first hearing when a defendant faces a charge for an offence which carries a custodial sentence. It is not necessary to consider whether the individual offence will or is likely to result in custody. So a first time offender facing court for stealing a bottle of vodka from Sainsbury's is entitled to see the DS because that offence may result in custody, even though the chances of it actually doing so are zero. The DS is also available for a defendant appearing for the first time from police custody or when the court is considering denying bail.

[dedalus]

Hello again, does anyone know how does it work if a defendant wants to see if the prosecution would agree to a lesser charge? Is a solicitor necessary and is it possible to request this on court day or does it need to happen beforehand?

[dedalus]

hi just to provide an update.

I got fined 200 pounds plus costs.

[islandgirl]

Thank you for coming back and telling us. I think you will be much happier with this than any form of community sentence so am guessing it is a "good" result for you? Thanks again for letting us know and best wishes.

[dedalus]

Thank you for coming back and telling us. I think you will be much happier with this than any form of community sentence so am guessing it is a "good" result for you? Thanks again for letting us know and best wishes.

Hi, I had seen a solicitor and she had told me I would have very likely got some sort of discharge. I thought she was too optimistic, nevertheless I did not hire her and self represented.
The legal officer stated to the bench that the fine was the starting point. I guess with the discharge carrot dangling I have a little bit of regret not getting a 12 month discharge but I think a fine is a fair outcome so can't really complain. I am glad I did not hire the solicitor though, I think a lot of them especially the specialist ones are out to make money stating outcomes which are too optimistic.

[islandgirl]

Yes I can see what you mean - I assume you got the chance to give your mitigation before sentence. We do have a starting point but there is a range which we can apply. All in all not too bad a result. Thanks again for coming back

[Forestlands]

I am assuming you were using the Blue Badge without the person it belonged to being in the car. I doubt you should have been in court and think that was a bit steep! You have a wife who is ill- likely considered to be disabled! I'm assuming the Blue Badge belongs to your wife and you are the driver of her car. You can expect to drive the car without your wife being in it at times, collecting your wife from an appointment, taking her to an appointment and driving home to wait an hour or so. The driver of a disabled persons car has some leeway, you weren't joyriding - were you? The court needed guidance on this matter!

[echat11]

I am assuming you were using the Blue Badge without the person it belonged to being in the car. I doubt you should have been in court and think that was a bit steep! You have a wife who is ill- likely considered to be disabled! I'm assuming the Blue Badge belongs to your wife and you are the driver of her car. You can expect to drive the car without your wife being in it at times, collecting your wife from an appointment, taking her to an appointment and driving home to wait an hour or so. The driver of a disabled persons car has some leeway, you weren't joyriding - were you? The court needed guidance on this matter!

If that is the case, I agree 100%, very 'harsh'. As long as their is an entitlement to a Blue Badge.

[islandgirl]

The guidelines seem to indicate a starting point of a band B fine (100 percent of weekly income) with a range discharge to medium level community order. The total of £200 will probably include court costs (usually £85) and victim surcharge. So according to the guidelines it is not hugely harsh at all for the offence though I agree that on the surface a discharge or coditional dicharge may seem more appropriate. Remember that we do not know the full circumstances.

[echat11]

The guidelines seem to indicate a starting point of a band B fine (100 percent of weekly income) with a range discharge to medium level community order. The total of £200 will probably include court costs (usually £85) and victim surcharge. So according to the guidelines it is not hugely harsh at all for the offence though I agree that on the surface a discharge or coditional dicharge may seem more appropriate. Remember that we do not know the full circumstances.

True, thank you for putting it into context.

[dedalus]

to be fair to the judges and to the posters on here my offence was worse than using a badge with the holder not being present.
I used a deceased person's badge on one occasion a few months after the person had died. And the prosecution brought the charge under the fraud act rather than a road traffic reg act.

Apologies for not making this clear from the start.

[islandgirl]

Thank you for the explanation - that is very helpful. I think the result was probably fair in the circumstances.

[Pookie]

I am assuming you were using the Blue Badge without the person it belonged to being in the car. I doubt you should have been in court and think that was a bit steep! You have a wife who is ill- likely considered to be disabled! I'm assuming the Blue Badge belongs to your wife and you are the driver of her car. You can expect to drive the car without your wife being in it at times, collecting your wife from an appointment, taking her to an appointment and driving home to wait an hour or so. The driver of a disabled persons car has some leeway, you weren't joyriding - were you? The court needed guidance on this matter!

The issue was not about driving a car belonging to a disabled person but using the badge of the disabled person when it was not for the benefit of said person. No, no the crime of the century but as a disabled person who regularly cannot get a disabled bay when they are blatantly taken up by persons using someone else's badge is more than annoying. Better to park illegally on yellows etc and get a fine that way. Would be way less than £200 plus costs and a day in court and the stress of the same.