Can a 16 year-old be taken to court?

[Elric]

Hi Legal Beagle people

Pretty sure this goes in the parking bit but instructions point to the Welcome area first, so here goes....

My 16 year-old got a parking ticket in a motorcycle parking bay; which we are fighting on all the normal fronts: unclear signage, unable to securely keep a ticket on a bike, never ever have paid for parking in a bay, instructions say to place ticket inside windscreen, etc

After, obviously, losing the appeal to the private parking company's mother (IPC), we are now at the stage of ignoring the final demand. I believe the next stage is asking for proof of earnings pre court action. I really wish to fight this in court or it opens the flood gates for motorcycles to be charged - to my knowledge only Westminster council do this and then only through telephone payment not a loseable ticket. Or get them to change signs to make it clear and concise; and explain how to securely display a ticket.

My questions are:
1) Can a 16 year-old be taken to court?
2) Can a 16 year-old enter into a contract (which the parking company says he has done)?

Very grateful for any thoughts and guidance on this matter.

[lawboy65]

I presume he was on a moped as he would be too young to ride a motor cycle. *
Yes to both 1 & 2.

[Elric]

Thanks LAWBOY65 - yes a moped.

Are there any exceptions?

"A minor (or child) is defined as a person under the age of 18. In order to create a legally binding contract, there must be an offer, acceptance and consideration, which is most commonly payment. A minor between 7 and 18 years of age can therefore enter into a contract. There is a presumption, however, that they do not understand the implications of entering into the contract. This means that the minor remains protected, to the disadvantage of the other party. The minor is also able to cancel a contract at any time before reaching the age of 18, and for a reasonable period afterwards without valid reason as the contract is voidable. Although generally minors are protected, some contracts are not quite so straightforward and there are exceptions to the rule."

And this, from another forum, is not true?

"In England and Wales under 18's do not have the capacity to enter into contracts aside from those arising from necessity. A minor will be liable for a contract for the sale of necessaries. Necessaries: shelter, food,clothing, also anything which is essential and suited to the minors position in life. Sale of Goods Act s3(3)defines necessaries as, goods suitable to the condition in life of the minor and to his actual requirements at the time of sale and delivery.

Minors Contract Act 1987
This act was introduced to protect minors, and provide guarantees, when involved in contracts with adults. Section 2 and 3 of the act outline rules with minors and contracts. In Section 2, a contract would be enforced against the adult where the adult provides a guarantee against the agreement made by the minor. Therefore, if a minor breaches the contract, the adult would be responsible. In Section 3, a court can have, for example, non-necessaries, property or property representing it returned, if the minor refuses to pay. This is copied from a post where I provided the response to a threat to a minor to instigate legal proceedings... in over 30 cases this is 100% successful, usually airtime/service but works for all other.


To A Company
I refer to your letter dated xx/xx/xx.

Please be aware that the alleged debt arose at the time I was xx years of age. As you will be aware, I lacked capacity under contract law at that time to enter into contractual obligations with your client.

I therefore assert that no debt nor legal claim exists. Should you disagree I am happy to seek repudiation on any contract that you or your client allege exists.

Please note under common law I revoke the right of access to your doorstep collector.

Regards
Me

Unless the parents/guardians were joined in the contract then the minors act will provide a 100% defense."

[lawboy65]

Contract Law in the UK is legislated through the Sale and Supply of Goods Act (HMSO 1994)
There are exceptions to the rule that contracts with minors are voidable by the minor.* This *does not apply to contracts of service, apprenticeship and education with children.
The law views these contracts as beneficial to the minor: it would be an untenable position if the contract could then be unilaterally cancelled by the minor.
In addition, a minor will be able to contract to buy necessities and will be expected to pay a reasonable price for them. If a minor enjoys goods or services (for example, buys and eats dinner at a cafe), they cannot cancel the contract and be reimbursed.
However, this exception will always be subject to the minor being at least old enough to understand the nature of the contract they are entering into. If the minor is not deemed old enough to understand the nature of the contract, then the contract will fall outside of this exception and will be void.*
The law says that a contract is void, notwithstanding the fact that the contract would otherwise be valid, if:
One of the parties is under 7 years of age;
One of the parties is diagnosed as having a serious mental health issue;
One of the parties’ judgement has been impaired by being intoxicated or drug addicted
However, I believe this does not apply in this case.
*

[Elric]

Yep, that sounds about right for 'law'. To the uninitiated that all appears something lawyers could argue about until the cows come home. All of which I'm not in a position to spend a fortune on. So supplementary question, please...

If a 16 year-old has no income, and assuming we lose courts case (fine now up to £160 plus assuming court costs) - how does the court enforce payment?

Thanks.

[des8]

If he loses he will have a county court judgement registered against him
If that is not paid within 30 days he will have that CCJ on his credit file for 6 years, and the creditor can enforce it any time during that 6 years.

[Elric]

Will be paying if lose so no worries on that score. As he no income then will see what payment plan they offer. Sounds a bit excessive when the parking company say 'could affect job prospects'.*

[des8]

If he loses and does not pay within 30 days but agrees a payment plan he will have a CCJ registered against him.
That could affect job prospects, depending on the chosen career path

[luxardo]

If he loses he will have a county court judgement registered against him
If that is not paid within 30 days he will have that CCJ on his credit file for 6 years, and the creditor can enforce it any time during that 6 years.

Are you sure about that limit of 6 years ? It's my understanding that there is a limit of 6 years before a debt is statute barred but once a CCJ is obtained it can be enforced anytime without time limit. After 6 years the creditor needs to go back to court for permission to enforce though ?

[des8]

Yes, a CCJ only remains on file for 6 years, but can be enforced with the courts permission after that 6 year period.
Obtaining that permission is more easily said than done!

I was responding to the query concerning the effect on job prospects, which accounts for concentrating on the reporting on the credit file rather than enforcement of the judgement

[Elric]

All seems a bit excessive for a 16 year-old with zero income but hey ho that's life. Will let you know how it goes in due course.