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Court claim form for child

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flothy
flothy Posts: 32 Forumite
in Parking tickets, fines & parking
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?
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  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Advice here is relevant:

    http://forums.moneysavingexpert.com/showthread.php?p=73680257#post73680257

    Contact the Equality Advisory and Support Service (EASS) and also your own MP, now!
    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
  • unforeseen
    unforeseen Posts: 7,283 Forumite
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    And make sure that the local paper are aware that a 6 year old has been issued with a parking ticket.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    flothy wrote: »
    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.

    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.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Half_way
    Half_way Posts: 7,054 Forumite
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    who is the parking company ?
    who's car park was it?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • System
    System Posts: 178,094 Community Admin
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    Form is here

    https://formfinder.hmctsformfinder.justice.gov.uk/n235-eng.pdf

    The main defence will be (apart from it being a child) is explained in the response which is that they knew the defendant was a child and could not be the driver but intend on wasting the court's time.
  • Fruitcake
    Fruitcake Posts: 58,248 Forumite
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    This is nasty. There is no other word for it and it just sums up the whole private parking scam.

    Follow the advice regarding court. I know it is upsetting but I would really like to be a fly on the wall in court, if this ever makes it there.

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

    The BMPA motoring charity might be interested in helping if it isn't cancelled. soon, as might the Parking-Prankster on his blogspot.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    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?
  • Half_way
    Half_way Posts: 7,054 Forumite
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    flothy needs to answer the questions above.
    As for the who's car park was it, the principal (ie car park owner) can still step in and stop this even if their agents (the parking company) have initiated court proceedings.

    Another question, is the parking company aware that the registered keeper is a minor?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    parking muppets on the funny stuff again

    who is the parking company ???
  • flothy
    flothy Posts: 32 Forumite
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    Thank you so much for the advice.

    I have read the links suggested and contacted BMPA.

    The local MP is very good so I will contact him.

    I will keep you updated.
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