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  • FIRST POST
    • flothy
    • By flothy 11th Jan 18, 12:55 AM
    • 32Posts
    • 76Thanks
    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 1
    • Coupon-mad
    • By Coupon-mad 11th Jan 18, 1:05 AM
    • 58,460 Posts
    • 71,967 Thanks
    Coupon-mad
    • #2
    • 11th Jan 18, 1:05 AM
    • #2
    • 11th Jan 18, 1:05 AM
    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 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.

    • unforeseen
    • By unforeseen 11th Jan 18, 5:50 AM
    • 2,663 Posts
    • 3,409 Thanks
    unforeseen
    • #3
    • 11th Jan 18, 5:50 AM
    • #3
    • 11th Jan 18, 5:50 AM
    And make sure that the local paper are aware that a 6 year old has been issued with a parking ticket.
    • bargepole
    • By bargepole 11th Jan 18, 6:11 AM
    • 2,278 Posts
    • 6,629 Thanks
    bargepole
    • #4
    • 11th Jan 18, 6:11 AM
    • #4
    • 11th Jan 18, 6:11 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.
    Originally posted by flothy
    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.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • Half_way
    • By Half_way 11th Jan 18, 6:26 AM
    • 4,158 Posts
    • 5,895 Thanks
    Half_way
    • #5
    • 11th Jan 18, 6:26 AM
    • #5
    • 11th Jan 18, 6:26 AM
    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"
    • IamEmanresu
    • By IamEmanresu 11th Jan 18, 6:34 AM
    • 2,412 Posts
    • 4,292 Thanks
    IamEmanresu
    • #6
    • 11th Jan 18, 6:34 AM
    • #6
    • 11th Jan 18, 6:34 AM
    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.
    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.
    • Fruitcake
    • By Fruitcake 11th Jan 18, 9:01 AM
    • 36,806 Posts
    • 83,282 Thanks
    Fruitcake
    • #7
    • 11th Jan 18, 9:01 AM
    • #7
    • 11th Jan 18, 9:01 AM
    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.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • nosferatu1001
    • By nosferatu1001 11th Jan 18, 9:18 AM
    • 2,759 Posts
    • 3,418 Thanks
    nosferatu1001
    • #8
    • 11th Jan 18, 9:18 AM
    • #8
    • 11th Jan 18, 9:18 AM
    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
    • By Half_way 11th Jan 18, 9:26 AM
    • 4,158 Posts
    • 5,895 Thanks
    Half_way
    • #9
    • 11th Jan 18, 9:26 AM
    • #9
    • 11th Jan 18, 9:26 AM
    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
    • By beamerguy 11th Jan 18, 9:31 AM
    • 7,548 Posts
    • 10,035 Thanks
    beamerguy
    parking muppets on the funny stuff again

    who is the parking company ???
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • flothy
    • By flothy 11th Jan 18, 9:52 AM
    • 32 Posts
    • 76 Thanks
    flothy
    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.
    • flothy
    • By flothy 11th Jan 18, 9:59 AM
    • 32 Posts
    • 76 Thanks
    flothy
    The issue date is 3rd January 2018

    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.

    The landowners were advised in writing that the RK was a minor.
    • The Slithy Tove
    • By The Slithy Tove 11th Jan 18, 10:09 AM
    • 3,308 Posts
    • 4,829 Thanks
    The Slithy Tove
    The registered keeper is my son who was aged 6
    Originally posted by flothy
    From https://www.whatdotheyknow.com/request/does_the_registered_keeper_of_a
    if the Agency is made aware that a minor is applying to be a registered keeper, the application, as you can appreciate, would be refused on policy grounds.

    If a parent or guardian has registered the minor as the registered keeper because the vehicle is used to transport/aid the minor, this is incorrect. If the parent or guardian, is the person who is responsible for taxing and using the vehicle on the road then it is the parent or guardian details that must be shown as the registered keeper.
    Just saying!

    Cynical minds could think that registering a vehicle as a minor is a way to avoid prosecution for motoring offences. A 6 year old would not be capable of completing an NIP from the police, and couldn't be prosecuted for Failing to Furnish.
    Last edited by The Slithy Tove; 11-01-2018 at 10:20 AM.
    • Half_way
    • By Half_way 11th Jan 18, 10:09 AM
    • 4,158 Posts
    • 5,895 Thanks
    Half_way
    The issue date is 3rd January 2018

    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.

    The landowners were advised in writing that the RK was a minor.
    Originally posted by flothy
    who is the parking company?
    who's car park is it?

    If a disabled child is the registered keeper, then He/She could have a whole range of drivers.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • flothy
    • By flothy 11th Jan 18, 10:28 AM
    • 32 Posts
    • 76 Thanks
    flothy
    Cynical minds could think that registering a vehicle as a minor is a way to avoid prosecution for motoring offences.
    As I have explained the child is disabled and the car is for his use. His parents are not the ones that register him as the keeper.

    This is not helpful.
    • pappa golf
    • By pappa golf 11th Jan 18, 10:32 AM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    you have been asked at least 3 times who the parking company is and the solisitors involved , do you have a specific reason for with holding that info , if so WHAT?

    parking Cos belong to several ATA,s and only by knowing the companies name can suggestions be made as to take action against said company
    • nosferatu1001
    • By nosferatu1001 11th Jan 18, 10:33 AM
    • 2,759 Posts
    • 3,418 Thanks
    nosferatu1001
    It is helpful. A minor must not be the RK, so this is something the parents can fix.
    • pappa golf
    • By pappa golf 11th Jan 18, 10:38 AM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    I,m calling "SPAM" on this , the OPs ONLY other posting since joining in 2007 was this , http://forums.moneysavingexpert.com/showpost.php?p=5332609&postcount=1176 , sat "gernericly in a 2338 post thread , back in 2007

    good luck , bye
    • flothy
    • By flothy 11th Jan 18, 10:43 AM
    • 32 Posts
    • 76 Thanks
    flothy
    He is registered under motability so no this is not something the parents can fix.

    As you can appreciate it is difficult enough to care for a disabled child without this additional stress of him having a court claim.

    The company is Napier and BW Legal.
    • Castle
    • By Castle 11th Jan 18, 10:52 AM
    • 1,767 Posts
    • 2,392 Thanks
    Castle
    Back in January 2013, the DVLA confirmed that there's no minimum age requirement:-
    https://www.whatdotheyknow.com/request/does_the_registered_keeper_of_a
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