Blue badge parking misuse and enforcement options
- Details
Emma Hall sets out the options for local authorities looking to crack down on blue badge misuse.
We are all aware of the blue badge parking scheme that supports many people and assists them to live an independent life. Yet misuse is significantly on the rise, which risks undermining the integrity of the entire scheme.
Blue badge theft statistics have quadrupled in some cities in the last 10 years. People are parking for free using badges that are doctored, stolen, lost or expired or simply borrowing a family member’s badge. In only a couple of clicks you can buy a fake badge from eBay with free delivery and same day despatch. Badges belonging to deceased persons are even being sold on Snapchat. They are very readily available. As a local authority prosecutor for many years, I have seen fake badges containing various identification photographs, including those of Gordon Brown and John Prescott. The badges can use an incorrect hologram or expiry date, cite a fake reference number or simply be a poor-quality photocopy.
Those taking advantage unlawfully are using up spaces that should be available for the legitimate blue badge holder, creating less availability and accessibility for those that genuinely need it. Furthermore, those drivers should of course be paying to park their vehicle creating a loss of income for local authorities. Parking for free to go to work in a city centre using a family member’s badge could save someone thousands of pounds each year in unpaid parking fees. I once prosecuted a man who was caught three times over a two-week period using a blue badge to park in a city centre, issued to his own father who had died two years prior.
Disability campaigners are calling for more enforcement action. The Government were asked about this topic in December 2024 and said it is working closely with local authorities to address fraud and the misuse of blue badges. Keir Starmer acknowledged that theft of a blue badge is appalling stating that “depriving people of their independence and ability to travel with confidence has a real human impact every single time, and that’s why we’re working closely with local authorities to help them tackle fraud and misuse”.
Enforcing blue badge misuse is not a statutory function for local authorities however there is a strong public interest in pursuing this type of enforcement action. At my previous authority, two officers working only part time were patrolling one or two streets of a large city centre each day discovering dozens of potential offences every single patrol. Whilst parking contravention notices (parking tickets) can be issued, arguably they do not act as a strong enough deterrent and are seen by many as an ‘occupational hazard’. Warning letters and cautions may deter some, but confiscation of the badge, along with potential prosecution, will help to reduce the ever-increasing offending rates.
Police officers, traffic wardens, parking attendants and civil enforcement officers all have the power to inspect the badges. Section 117 of the Road Traffic Regulation Act 1984 creates the criminal offence of misuse of the badge. A typical example would be a family member of a legitimate badge holder using that badge to park for free. It is a summary only offence (suitable for the single justice procedure) and carries a financial penalty of up to £1,000 (in addition to any penalty imposed for the parking contravention).
The Fraud Act 2006 creates a more serious offence of fraud by false representation (Section 2). This would include the classic lost or stolen badge scenario, or using a deceased person’s or expired badge. There are also options available to prosecutors under the Forgery and Counterfeiting Act 1981. Section 3 ‘using a false instrument’ would allow for prosecutions of persons using a fake, copied or doctored badge. Both acts create ‘either way’ offences which carry financial penalties in the Magistrates’ Courts or a term of up to six months imprisonment or, on indictment, up to 10 years imprisonment.
There are evidential hurdles to climb. Explanations of the misuse vary from “dropping granny off at the shops” around the corner to “I forgot the badge was on display”. Evidencing identity can be challenging, particularly if perpetrators fail to engage with officers when challenged on the spot. CCTV reviews can assist, along with enquiries with the DVLA and insurance companies. Officers on patrol are likely to spot regular offenders. Recognition of repeat vehicle registration numbers and badges along with the lone male driver displaying a female badge will of course arouse suspicion.
Local authorities may be considering action to reduce the amount of misuse in their area. Whilst budgets are restricted, investing in enforcement officers on patrol and increasing visibility is key to driving down high misuse figures. With an increase in offending rates, reduced availability of parking spaces for those in genuine need and loss of income in parking fees, there remains a strong public interest in prosecuting offenders to maintain the integrity of this vital scheme.
Emma Hall is an Associate at Bevan Brittan.
Must read
Events
18-03-2026 1:00 pm
01-07-2026 11:00 am
Directory
