Court claim form for child

bargepole wrote: »

You need to complete form N235 and send it to the Court. A minor (under 18) cannot be a party to the case, and you, or another adult, need to be named as his Litigation Friend.

So then the case name will be changed to something like Scumbag Parking Ltd -v- Toby Jones (a Child, by his litigation friend Mary Jones), and you can file a defence and complete all other paperwork.

nosferatu1001 wrote: »

OP: what is the ISSUE DATE on the claim form?

My concern is that, if the claim isnt acknowledged, or is already out of time, that the CCBC will not process the form in time and there will be a default judgement possible.

I would formally put the SOLICITORS on notice that the defendant is a minor, potentially enclosing a proof of age just to get them to bloody listen, and TELL THEM that if they attempt to enforce a default while the N235 is being processed, you will report them to the SRA. They KNEW the RK was a child.

There can be no possibility of the RK being the Keeper, so cannot be liable. They cannot be in charge of the motor vehicle I dont believe?

Thank you all for the advice. I have emailed BW Legal and copied in the CEO of Parks Trust to confirm that the defendant is a minor and to not move to a judgement. Email bounced back from BW Legal to say it was not the correct email address for court claim so second email sent to another email address and off to send letter recorded delivery. Talk about making you jump through hoops!

I am completing the N235 and it states that I have to send it to the court

'when you take the first step on
the defendant’s behalf in the claim together with the certificate of
service (if applicable).'

Does this mean I send it in along with the acknowledgment of service?

I think if you write politely to Mr De Savary, focussing on the 'mistake by BW Legal who are known to make robo-claims without reading any detail' he might well cancel this one, if you say you will be publicising it further.

Thanks for the advice, next letter to be written....

Don't use recorded delivery, as BW legal will probably refuse to sign for it; just first class with a certificate of postage from the post office is needed.

Certificate of service form is a N215 form.

Thanks for this, was just heading out to post!

Quentin wrote: »

Surely you shouldn't be discussing this with a six year old??


You submit a counterclaim (and fee) along with the defence

Gosh no we would never discuss it with him he has a learning disability and we thought we had been discreet. Sorry I should have explained sooner he is adopted and we have been to court for this, so hearing anyone mentioning court is a worry for him.

As I have stated, foolishly I have spoken to BW Legal and Parks Trust this week on the phone and discussed it with my husband. I thought he hadn't heard our conversations.

waamo wrote: »

Did they know prior to launching a claim that it would be against a child? If not I don’t think a counter claim would go down very well.

Generally judges don’t seem very keen on them. It would likely be views as retaliation rather than a genuine claim for damages. If you are thinking of mentioning emotional distress it will probably go down like a lead balloon, mostly because you can’t put a value on it.

If the claim was launched with a reasonable expectation it was against an adult you may end up out of pocket.

They were aware it was against a minor. I did speak to the land owners in the summer and was advised that they would not take it to court. I spoke to them again this week and they had changed their view.

I am not after retaliation I just want it not to happen again to someone.