BW Legal Discontinuance

Cally_Kid

I have been defending a claim against BW Legal relating to a 2011 alleged PCN. I didn't start a new thread but used all the great advice from this site including draft letters and defences. I was due to go to Court in November and was very prepared to attend and defend myself. I made a Subject Access Request and was astounded that they had nothing relating to the original alleged offence. I have queried this with them and will take this further. I'm not sure if it is conincidental but the day before I received the SAR information I was sent a letter of discontinuance of their claim. Thanks to everyone who posted information about the process and the helpful copies of defences etc.

Fruitcake

This might be a case where a DPA breach claim could be made. For an event that happened in 2011 the parking scammers would have had no valid reason to access the keeper details from the DVLA, and BW could be deemed to have acted unreasonably as a result.

Cally_Kid

Thanks for this. I have specifically mentioned the DVLA in my response to them. I'll see what comes back. I have also moved address since 2011 with no indication of how they traced my new address. I will complain to the Information Commissioner if I don't get a decent reply.

nosferatu1001

Don’t complain that they traced you. That’s exactly what you DO want them to do, otherwise you just lose

I disagree with the deep. In 2011 there WAS cause to access the keeper database; to ask the keeper to pass the notice along. Nothing more. Certainly not to take the keeper to court.

Cally_Kid

Thanks for the previous responses. I can't believe that when I arrived home this evening I had letters from BW Legal and Excel starting the claim again from the beginning ie you have failed to make payments and if you don't make payments in 14 days we will issue legal proceeding. The letter is dated the same date as the notice of discontinuance. I have done some internet research which suggests they can't do this without reference back to the Court. Not sure if this is correct?
Any advice on how I deal with this please?

pappa_golf

what date was the offence?

beamerguy

Cally_Kid wrote: »

Thanks for the previous responses. I can't believe that when I arrived home this evening I had letters from BW Legal and Excel starting the claim again from the beginning ie you have failed to make payments and if you don't make payments in 14 days we will issue legal proceeding. The letter is dated the same date as the notice of discontinuance. I have done some internet research which suggests they can't do this without reference back to the Court. Not sure if this is correct?
Any advice on how I deal with this please?

YES we do believe it, it is called "total incompetence"

Phone the court to confirm they have discontinued.
If both cases refer to the same issue, you can have
a lot of fun with this one.

Do you know what "make payments" means ?

The_Deep

I disagree with the deep.

Is it something I've said?

Cally_Kid

The alleged offence was 18th September 2011

Umkomaas

I’d complain to the Solicitors Regulation Authority (SRA), copy all the documentation regarding this to them, and copy all that to David Dunford of the DVLA and ask him if he can determine just !!!!!! is going on!

david.dunford@dvla.gsi.gov.uk

Cally_Kid

I will ring the court tomorrow but I have been served the official notice. It does relate to the same event. The Excel letter states that as I have failed to pay the account balance it has been passed to BW Legal. The BW legal letter (same envelope) says we have been instructed etc. They are both exact copies of the letters I received in February.