BW Legal Court Claim

System

Everytime the driver parked there in the past even though there was a P&D machine where you would have to enter your reg although the driver did not do that there was never any PCNs received but on this occasion there was

With some of these cases, it is contextual. The average man in the street would expect to check the signs at a P&D site unless a P&D machine was incongruous at that site and there was no expectation of paying. Most retail parks are free so a P&D machines may be out of context.

The issue the judge will want to get to, is whether the driver knew or ought to have known to pay / check the signs. So context is relevant.

Sayn

Fantastic. Thanks for that Coupon-mad and IamEmanresu. I will get that defence printed and sent off as per the instructions in this post and have a little breather before facing the next part of this challenge. I will keep you guys updated on what's happening.


After sending the defence should I just wait to get something in the post next or will I need to check MCOL as don't want to miss any deadlines for these Court shenanigans :-D

KeithP

Sayn wrote: »

After sending the defence should I just wait to get something in the post next or will I need to check MCOL as don't want to miss any deadlines for these Court shenanigans :-D

Re-read post #4 above.
I guess you are filing the Defence using that guidance?

Here is part of that post again:

6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Sayn

Thanks Keith P. I sent off the defence as per the guidance and saw that post again about waiting for the DQ. :-)
Thanks. you guys are all fantastic

The_Deep

The claim was for over £240

£240 is tantamount to fraud imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

Even if they won their claim in court, which is unlikely as it looks as though no contract was ever entered into, the most a judge is likely to award would be £175 - £200, the rest is think of a number money.

I suggest that you complain to the regulatory body, the SRA about this demand for unlawful costs.

http://www.sra.org.uk/home/home.page

Also, complain to your MP

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

beamerguy

The_Deep wrote: »

The claim was for over £240

£240 is tantamount to fraud imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

Yes, but it is BWLegal after all, par for the course rubbish as usual

Sayn

Hello everyone


So I have received a DQ from BW legal today which has been filled in by them and a letter saying they will continue with the claim.

I haven't received a DQ which I need to fill in myself yet. Was just wondering when will this come and how long do i have to fill it in and send it back to court/claimant as I couldn't find any timescales about this in the forum (probably missed it through all the different threads).


Also after I have filled in the DQ will it be a long time before the next step which is the witness statement as I still need to go back to the car park and gather evidence in terms of signage/ carpark layout etc..

Sayn

Hello everyone


I'm just chasing up on this as I didn't get a reply to my last post but was wondering when I was supposed to receive a Direct Questionnaire as I have still not received one of these from the court and it has been a few weeks. I did receive a copy of one that was filled in by BW legal a while ago but I haven't heard anything since. Anyone have any ideas about this??

KeithP

Why not check on MCOL and see if the CCBC have sent one to you?

You can always download one yourself - google court forms finder - and when complete send it to the same email address that you sent your Defence.

Do not forget to send a completed copy of your DQ to the Claimant - address on Claim Form.

As you might expect post #2 of the NEWBIES FAQ sticky thread will explain exactly how to complete your DQ.

Sayn

Oh right Thanks KeithP. Wasn't aware I could download one. I'll have a look at that.
Also one question. How likely is it for a judge to ask directly whether the defendant was the driver if its a case of fighting as the keeper and what answers can the defendant give without admitting they were the driver but not lying to the question if you know what I meam can the defendant refuse to answer that question or say he cannot be certain etc.. Also if the judge discovers the defendant was the driver can the defendant carry on fighting to reduce the amount he has to pay?