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  • FIRST POST
    • flothy
    • By flothy 11th Jan 18, 12:55 AM
    • 28Posts
    • 64Thanks
    flothy
    Court claim form for child
    • #1
    • 11th Jan 18, 12:55 AM
    Court claim form for child 11th Jan 18 at 12:55 AM
    Hi

    I have read all the newbies info but would like advice on how to proceed with court claim that was received in my sons name.

    The registered keeper is my son who was aged 6 when he received a parking ticket. He is disabled and the car was parked in a disabled bay displaying his blue badge.

    The private car park sign stated no free parking for blue badge so we purchased a parking ticket. Due to my sons condition we were slightly late back to the car (15 minutes max) and received a parking ticket.

    When we received the letter we contacted the company and explained the situation. They advised us that unless we disclosed who was driving the car they would continue to write to our son. We explained we take him to the park daily and could not confirm what carer was driving. We contacted the land owners and explained the situation and they provided a number for the park manager. We contacted him and he said he would speak to them to waive it and they would not be able to take a child to court.

    We moved house and today collected post from our previous home (childs name was not on our redirection). A claim form has been sent from Northampton courts to our child.

    I have drafted a letter drawing on the breaches of the code of practice, equality act, reasonable adjustments etc along with the fact the defendant is only seven now.I called the companies legal team and they asked if they could speak to the child! Then asked for evidence of age.

    Just wanted advice on if I should contact courts first or send this letter to the company?
Page 4
    • Coupon-mad
    • By Coupon-mad 12th Jan 18, 11:38 PM
    • 52,914 Posts
    • 66,450 Thanks
    Coupon-mad
    Yes, send me a pm.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • flothy
    • By flothy 19th Jan 18, 2:23 PM
    • 28 Posts
    • 64 Thanks
    flothy
    Just an update on our case.

    Since advising all parties (with proof) on the age of my child I have had no response from the land owner, Napier Parking or BW Legal.

    I contacted the courts in reference to the N235 form and straight away they asked to speak to the defendant. I advised them of his age and was transferred to a supervisor that confirmed that this was illegal and should never have got to this point, it would never make it to court.

    Thank you everyone for your help.
    • beamerguy
    • By beamerguy 19th Jan 18, 2:33 PM
    • 6,754 Posts
    • 8,750 Thanks
    beamerguy
    Just an update on our case.

    Since advising all parties (with proof) on the age of my child I have had no response from the land owner, Napier Parking or BW Legal.

    I contacted the courts in reference to the N235 form and straight away they asked to speak to the defendant. I advised them of his age and was transferred to a supervisor that confirmed that this was illegal and should never have got to this point, it would never make it to court.

    Thank you everyone for your help.
    Originally posted by flothy
    WOW, so what are they doing.

    This will make BWLegal throw their toys
    out of their pram
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • flothy
    • By flothy 19th Jan 18, 2:35 PM
    • 28 Posts
    • 64 Thanks
    flothy
    WOW, so what are they doing.

    This will make BWLegal throw their toys
    out of their pram
    Originally posted by beamerguy
    Taking it to the judge to be struck off, they didn't sound impressed that we had been ignored.
    • beamerguy
    • By beamerguy 19th Jan 18, 2:51 PM
    • 6,754 Posts
    • 8,750 Thanks
    beamerguy
    Taking it to the judge to be struck off, they didn't sound impressed that we had been ignored.
    Originally posted by flothy
    Let us hope the judge does something with
    BWLegal as it's well overdue
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • flothy
    • By flothy 19th Jan 18, 6:52 PM
    • 28 Posts
    • 64 Thanks
    flothy
    Let us hope the judge does something with
    BWLegal as it's well overdue
    Originally posted by beamerguy
    I hope they will.

    I honestly take my hat off to all of you that give your free time to support everyone in this forum. In particular coupon-mad she really is amazing. I have learnt so much from this forum, especially how these companies lack any integrity.

    I have still not decided whether to take this to the media or not... the fact that Napier and the landowner Parks Trust have both ignored us and continued to harass us even with the knowledge of the RK being a disabled minor does make me feel like I should just do it.
    • beamerguy
    • By beamerguy 19th Jan 18, 7:00 PM
    • 6,754 Posts
    • 8,750 Thanks
    beamerguy
    I hope they will.

    I honestly take my hat off to all of you that give your free time to support everyone in this forum. In particular coupon-mad she really is amazing. I have learnt so much from this forum, especially how these companies lack any integrity.

    I have still not decided whether to take this to the media or not... the fact that Napier and the landowner Parks Trust have both ignored us and continued to harass us even with the knowledge of the RK being a disabled minor does make me feel like I should just do it.
    Originally posted by flothy
    I would take this to the media ....

    "Dodgy legal firm takes child to court for
    for parking offence"

    Also send your story to Sir Greg Knight MP
    who is heading a new private members bill
    regarding these parking bods
    https://www.parliament.uk/biographies/commons/sir-greg-knight/1200

    And, don't forget to tell your story to Which magazine
    http://forums.moneysavingexpert.com/showthread.php?t=5765579
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • flothy
    • By flothy 19th Jan 18, 7:04 PM
    • 28 Posts
    • 64 Thanks
    flothy
    I would take this to the media ....

    "Dodgy legal firm takes child to court for
    for parking offence"

    Also send your story to Sir Greg Knight MP
    who is heading a new private members bill
    regarding these parking bods
    https://www.parliament.uk/biographies/commons/sir-greg-knight/1200

    And, don't forget to tell your story to Which magazine
    http://forums.moneysavingexpert.com/showthread.php?t=5765579
    Originally posted by beamerguy
    I have already filled in the which magazine form but happy to send details to the MP too.
    • Umkomaas
    • By Umkomaas 19th Jan 18, 7:05 PM
    • 16,384 Posts
    • 25,478 Thanks
    Umkomaas
    I have still not decided whether to take this to the media or not... the fact that Napier and the landowner Parks Trust have both ignored us and continued to harass us even with the knowledge of the RK being a disabled minor does make me feel like I should just do it.
    You have such a powerful story. The effect of that one story is likely to have more impact than months and months of work we do dealing with individual cases.

    We are genuinely asking you to help with the fight - at ‘big picture’ level.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • AndySab
    • By AndySab 19th Jan 18, 7:05 PM
    • 27 Posts
    • 42 Thanks
    AndySab
    I've read some stuff about about these parking scum over the last few months but harassing the parents of a disabled child is a new low.
    • beamerguy
    • By beamerguy 19th Jan 18, 7:17 PM
    • 6,754 Posts
    • 8,750 Thanks
    beamerguy
    Maybe a new opening to show the SRA
    the workings of BWLegal

    VERY POWERFUL STORY INDEED
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • pappa golf
    • By pappa golf 19th Jan 18, 10:12 PM
    • 8,127 Posts
    • 8,518 Thanks
    pappa golf
    Maybe a new opening to show the SRA
    the workings of BWLegal

    VERY POWERFUL STORY INDEED
    Originally posted by beamerguy
    and they will care ? they are acting on behalf of napier who do not answer to them

    and the BPA , will they act ,,

    answers on a postcard please
    • kryten3000
    • By kryten3000 20th Jan 18, 12:57 AM
    • 14 Posts
    • 16 Thanks
    kryten3000
    IPC you mean...
    • IamEmanresu
    • By IamEmanresu 20th Jan 18, 7:50 AM
    • 1,962 Posts
    • 3,454 Thanks
    IamEmanresu
    I'm going to [partly] stand up for Napier on this one.

    The issue is being caused by the "race to the bottom" within the legal profession and the techniques here are the same as those being used by legal professionals in PI/accident cases. The difference here is that the amounts involved are a quantum smaller than PI/accident cases so even less work is done on them. They are push-button claims.

    It is on record that BW Legal are handling 1mn claims with only 6 supervising solicitors so there would likely have been no human reading the letters or your responses at all. They wait until there is a hearing coming up. So the issue is wholly of BW's making - but again the court process (CPR rules) puts the onus on the Claimant to supervise the process - letting solicitors like BW, SCS and Gladstones off the hook.

    So if Napier is to be criticised, it is in blindly allowing BW access to their paperwork without checking. But the issue is BW and their lack of scrutiny here.

    Perhaps the SRA might look at it as the IPC wont. Hurley was prosecuted for PCOJ so he won't be too worried about something less than that.
    Last edited by IamEmanresu; 20-01-2018 at 7:52 AM.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • flothy
    • By flothy 20th Jan 18, 10:05 PM
    • 28 Posts
    • 64 Thanks
    flothy
    I'm going to [partly] stand up for Napier on this one.

    The issue is being caused by the "race to the bottom" within the legal profession and the techniques here are the same as those being used by legal professionals in PI/accident cases. The difference here is that the amounts involved are a quantum smaller than PI/accident cases so even less work is done on them. They are push-button claims.

    It is on record that BW Legal are handling 1mn claims with only 6 supervising solicitors so there would likely have been no human reading the letters or your responses at all. They wait until there is a hearing coming up. So the issue is wholly of BW's making - but again the court process (CPR rules) puts the onus on the Claimant to supervise the process - letting solicitors like BW, SCS and Gladstones off the hook.

    So if Napier is to be criticised, it is in blindly allowing BW access to their paperwork without checking. But the issue is BW and their lack of scrutiny here.

    Perhaps the SRA might look at it as the IPC wont. Hurley was prosecuted for PCOJ so he won't be too worried about something less than that.
    Originally posted by IamEmanresu
    To some extent I agree with you but taking away the fact it was a child. The car was parked in a disabled bay with a blue badge clearly indicating mobility issues. Napiers parking warden chose to ignore all these facts and still issue a parking 'fine' for going over the time on the ticket. When they were contacted they were really rude and did say they were within their rights to continue to harass a child until the driver was disclosed. The landowner also chose to sit on the fence.
    This was way before they appointed BWLegal to represent them.
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