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Court claim form for child

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Comments

  • flothy
    flothy Posts: 32 Forumite
    Lamilad wrote: »
    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.

    I am considering this but also have to decide if it is in the best interest of my child. If they continue to pursue I may have no choice.
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    Flothy - Yes, I would put the full details in as parent or guardian.
    That draft looks OK

    EMAIL is perfectly fine. I would make sure you ensure it gets sent to both the claimant AND the solicitor, so neither can claim they didnt know.

    They will NOT have complied with POFA to hold the Keeper liable, and even if they did, cannot hold the RK liable - theyd have to prove who the actual keeper was, which they will struggle to do as they cannot compel anyone to answer, and it is self evident that a child would not be the person in day to day CHARGE of the vehicle.
  • System
    System Posts: 178,077
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    theyd have to prove who the actual keeper was

    Burden is on the RK to show who was the real keeper according to POFA 2012
    “keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;
  • flothy
    flothy Posts: 32 Forumite
    Thanks for everyone's help so far.

    I have just been reading the newbies board and just wanted to know if someone could clarify what trade association Napier are affiliated too? I believe it to be IPC but their website still carries the logo for membership with BPA??
  • pappa_golf
    pappa_golf Posts: 8,895
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    company details inc owner and statement of ATA company https://bmpa.zendesk.com/hc/en-us/articles/203628661-Napier-Parking-Ltd
    Save a Rachael

    buy a share in crapita
  • Redx
    Redx Posts: 38,084
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    IPC

    the shape of the logo dictates which ADR they also belong to (a rectangle or a roundel) , and they moved from the BPA to the IPC on the date shown on the IPC website which denotes they use the IAS for ADR

    clearly they are corporate members of the BPA and can actually do that for both if they so wish (and have done)

    apart from the issue of when the incident occurred (as to which ADR may be available and which CoP applied at the time) there is no mileage in being members of both trade bodies


    the way I explain it is like having a Barclays and also a Natwest bank accounts , but where I use the NATWEST for bill payments like DD , SO and cheques (but I used to use say Barclays for all of this until say 2 years ago)
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    edited 11 January 2018 at 7:52PM
    The_Deep wrote: »
    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.
    Surely you are not calling Mr De Savary, Napier owner, a scammer?

    I reckon he will scurry to cancel & avoid the bad publicity. The OP should address their response to BW Legal and to Mr De Savary (marked 'strictly private - for the personal attention of...') at Napier.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flothy
    flothy Posts: 32 Forumite
    Coupon-mad wrote: »
    Surely you are not calling Mr De Savary, Napier owner, a scammer?

    I reckon he will scurry to cancel & avoid the bad publicity. The OP should address their response to BW Legal and to Mr Savary at Napier.

    I have just realised that I recognise the name Jamie De Savary. He actually use to personally manage Willen Lake and the car park, thought he was a nice guy...not now.

    I will definitely respond to both, I was thinking of copying in the landowner too?
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    edited 11 January 2018 at 8:32PM
    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.

    Yes copy in the landowner and remind them that they remain liable for the actions of their agent on this land and cannot 'assign' and absolve themselves of their legal duties as a service provider, to comply with the Equality Act 2010 (e.g. in not harassing or demanding money unfairly from a disabled person and their carers, who are also 'protected' under the Act).

    Send the same letter to both Napier/De Savary and the landowners, so Napier can stew and see the landowner's got a copy!

    Don't drop the ball on the claim though, do as bargepole and IamEmanresu said; I know that they both have law qualifications.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    Burden is on the RK to show who was the real keeper according to POFA 2012
    No it isnt

    Proving the contrary means just that. I can prove a RK is not the person in day to day charge of a vehicle without proving who the keeper actually is.

    I can prove a minor who cannot be in CHARGE of a vehicle is not the keeper, without ever identifying the keeper
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