Salford Council announce crackdown on blue badge fraud abuse 

A clampdown on abuse of disabled parking badges has recently begun in the Salford area.

Salford Council have announced that they are increasing checks in relation to the use of blue badges and those who have been using them fraudulently or illegally are to be prosecuted.

Councillor Robin Garrido warned that disabled people face being ‘stuck at home’ as parking bays close to shopping areas are sometimes taken by drivers with no legal entitlement to use a blue badge. The Salford Conservatives leader has supported plans by the Labour-run council to take action against those using the permits illegally. It is stated that the extent of blue badge fraud means many disabled people struggle to find an accessible disabled parking space.

Salford City Council launched a blue badge amnesty on October 28th lasting two weeks where people could hand in blue badges which they were not entitled to use. People could return the badges at council-owned buildings or post them back to Salford Council with no questions asked.

The amnesty is now over and as of yesterday (Monday, November 11th 2024) the council will start to check that blue badges being used in the Salford area are correctly registered and prosecuting those using them fraudulently and illegally.

What is the law in relation to misuse of blue badges?

Failing to display a blue badge in a parking spot is a civil matter for which the registered keeper could be issued a fine.

However, there are several criminal offences that could be committed in relation to misuse or fraudulent use of a blue badge.

Wrongful use or misuse of a disabled person’s badge – Section 117 of the Road Traffic Regulation Act 1984

This offence may occur if the blue badge is not being used by the blue badge holder, or the vehicle is not being used to carry the blue badge holder.

Mishandling of parking documents and related offences – Section 115 of the Road Traffic Regulation Act 1984

Section 115, covers a number of offences relating to the misuse of parking documents such as (not limited to) lending a ticket issued by a parking meter to another person, or allowing a blue badge to be used with an intention of deception.

This offence is more serious than an offence committed under section 117 as there would likely be evidence of a deliberate attempt to deceive, for example, impersonating the badge holder.

Fraud – section 2(1) Fraud Act 2006

In the most serious of cases, an offence of fraud may be considered under the Fraud Act 2006.

This would usually be in circumstances where:

• A fake blue badge is used;
• A stolen blue badge is used; or
• The blue badge belonging to a deceased person is used.

Is it possible to avoid going to court for blue badge offences?

For you to be prosecuted (and go to court) the council needs to be satisfied that there is a realistic prospect of a conviction based on the evidence. Secondly, a prosecution has to be in the public interest, and this is where often we may be able to persuade the council that the matter does not have to go to court.

Detailed and sympathetic representations should be considered by the prosecution in all situations where the defence make such representations. They can make the difference between a conviction, albeit for a relatively minor offence, but with unintended yet life altering consequences and no conviction at all.

We are often above to submit representations on the basis it is not in the public interest to prosecute having regard to the following factors:

• The circumstances surrounding the allegation;
• Age and maturity;
• Medical and mental health issues;
• Career prospects and potential impact upon the same; and
• Hitherto good character.

Lawyers representing professionals in relation to criminal allegations

At Olliers we have a number of lawyers who specialise in defending professionals under investigation in relation to criminal allegations. We have many years’ experience of representing doctors, medical professionals, other lawyers, teachers, FCA-regulated professionals and other high-net worth individuals.

What sets Olliers apart from many criminal defence firms is the proactive approach we adopt. We understand the stress and anxiety a criminal investigation can cause. Our team will do everything it can to keep to a minimum the likelihood of a client under investigation being charged with a criminal offence. We frequently represent those facing blue badge offences. For many of our clients, they have no prior involvement with the criminal justice system.

Blue badge offence solicitors

If you face investigation in relation to the alleged misuse or fraudulent use of a blude badge, please contact us to arrange specialist advice and representation by completing the form below, telephoning 0161 8341515 or by emailing info@olliers.com.