Court claim form for child

flothy

This is most certainly not spam.

I have not posted on here in years as you have pointed out, apologies if my responses are slow. The advice I have been provided has been gratefully received.

nosferatu1001

OK so:

1) Have you informed BW legal formally of the age of the defendant? Provide proof. Inform them that you are applying to the court as per the advice on page 1. State you cannot acknowledge the claim until this point as the defendant is a minor and cannot do so, and state that they MUST NOT move for a default judgement. If they do you will report them to the SRA.
2) If Napier knew the defendant was a minor, then is there any counterclaim potential?
3) Get onto that N235 form!

The_Deep

unforeseen wrote: »

And make sure that the local paper are aware that a 6 year old has been issued with a parking ticket.

Not only the local paper, I am sure that the Daily Mail will jump on it.


The parking company were told on the phone that the RK was a minor they said they would keep harassing him until we admit who was driving.


Never engage with scammers on the telephone, should this get to court, judges love paper-trails.

flothy

1) Have you informed BW legal formally of the age of the defendant? Provide proof. Inform them that you are applying to the court as per the advice on page 1. State you cannot acknowledge the claim until this point as the defendant is a minor and cannot do so, and state that they MUST NOT move for a default judgement. If they do you will report them to the SRA.
2) If Napier knew the defendant was a minor, then is there any counterclaim potential?
3) Get onto that N235 form!

1) I have only advised them verbally yesterday and drafting the letter now. Is it acceptable to send this as an email? They provided an email address yesterday,
2) I have asked this question to BMPA
3) on it

Thank you

Is it also worth contacting the land owners again?

Half_way

the landowner will be jointly liable for the actions of its agents, In this case the parking company, do not phone email or write you must have a traceable record.
before you email them post it here first.
who is the landowner?

System

the landowner will be jointly liable for the actions of its agents,

If it is Napier, they are the landowner and will be happy to bare the liability for the action of their agents.

Red herring there.

flothy

who is the landowner?

The landowner is Parks Trust, they ignored my initial correspondence by email but responded to contact on social media and referred me to the manager at Willen Lake

System

The landowner is Parks Trust

I stand corrected.

From the Napier site for this location

2. OWNERSHIP OF CAR PARK/ASSIGNMENT OF RIGHTS.
(a) This Car Park is owned by The Parks Trust Ltd. The Parks Trust Ltd has entered into a contract with us whereby all rights and obligations concerning the management and administration of the parking services at the Car Park are assigned to us. If you leave a vehicle parked in this Car Park, you enter into a contract with us and will signify acceptance of this fact. Your obligation includes, but is not limited to, the obligation to pay us charges for parking and also the charges applied under a Fixed Charge Notice if you breach these Terms and Conditions of Parking. In the event that any Fixed Charge Notice remains unpaid, you acknowledge that we shall be entitled to issue court proceedings as the claimant.

(b) For the avoidance of doubt, we are not responsible for the maintenance of the physical fabric of the Car Park
and shall bear no liability for any claim(s) of whatever nature arising from the same.

Lamilad

I suggest you contact your local and national TV and Radio and local and national press, as well as your MP.

Couldn't agree more. The press would have a field day with this, giving Napier and BW Legal a nice big dollop of public humiliation.

flothy

Struggling to draft the email/letter to BW Legal. Is something along these lines ok?

Further to our telephone conversation we have attached confidential information to support the fact XXXX is a seven year old child. Due to the defendant being a minor that your client Napier Parking and the Parks Trust was aware was the registered keeper we cannot acknowledge the claim until the N235 has been processed.

We request that due to the attached evidence that confirms that the defendant is a minor that you must not move to a default judgement. If you ignore this request we will have no choice but to report you to the Solicitors Regulation Authority.

Also do I need to put my details at this point? I haven'd disclosed them before.