Section 117 Offence.
Section 117 of the Road Traffic Regulation Act 1984 is the least serious of the two offences.
What makes a person guilty of a Section 117 Offence?
Section 117(1) stipulates that a person is guilty of an offence if they wrongfully:
● display a badge purporting to be valid under the Chronically Sick and Disabled Persons Act 1970, and● was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle.
What defences are available?
It is a defence if the badge was issued correctly and displayed in accordance with the regulations made under it.
When can a badge be displayed?
The Disabled Persons (Badges for Motor Vehicles)(England) Regulations 2000 details the only circumstances in which the disabled badge can be displayed in a vehicle:
● if the vehicle has been driven by the holder, or has been used to carry the holder, to the place where it is to be parked, or● is to be driven by the holder, or is to be used to carry the holder, from that place.
What is the penalty?
The penalty for a S117 conviction at court is a financial penalty.
I wish to sincerely thank you for representing me yesterday including putting my mind at rest, explaining the procedure beforehand and ensuring I understood what was happening during each stage of the process.
Thanks again for all of your support in the case.
Section 115 Offence.
Section 115 of the Road Traffic Regulation Act 1984 is the more serious of the two offences..
What makes a person guilty of a Section 115 Offence?
Section 115 is committed if with intent to deceive a person uses, lends or allows to be used a disabled badge. It is as per Section 117 above but more serious as evidence of a deliberate attempt to deceive (e.g. pretending to be the badge holder or tampering with the badge itself).
For a Section 115 Offence, the prosecution needs to prove that the disabled badge was used (displayed) and that you intended to deceive (i.e. that you intended to deceive a parking warden/the council to believe that you were entitled to park in the parking bay without paying).
What are the penalties for a Section 115 Offence?
A Section 115 Offence in serious cases can attract a custodial sentence although is usually sentenced by way of a financial penalty or a community order such as unpaid work in the community or an electronically monitored curfew.We have particular experience in these matters.
How we can help you.
Issuing a summons for a Blue Badge Offence is often a council’s last resort and we may be able in certain cases to ask the local authority to reconsider a prosecution against you.
Lucinda Dore Solicitors can attend ANY court with you. We offer a more personable service than most firms, and will listen carefully to your instructions and advise you of the law. We will help you decide whether you should plead guilty or not guilty. At court, we will either present your best mitigation to the court with a view to achieve the most lenient penalty or, if pleading not guilty, we will robustly defend your case for you.
For friendly and affordable legal advice regarding a Blue Badge Offence, or any other Road Traffic Offence or Local Authority Investigation, please complete the online enquiry form below.