Letter of Claim by BW LEGAL

Umkomaas

BW legal are misleading the claim as they have lied about there being no appeal put in place before the court proceedings started.

Do you mean court?

BW Legal have failed to provide any evidence of obtaining my information from the DVLA.

Have you sought clarification of this from the DVLA? It's very easy.

Email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date of the parking incident. You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

I have permission to do this and haven’t plagiarised anyone at any point.

You wouldn't be plagiarising a person (that does sound painful!), it would be plagiarising a document, or series of documents. I haven't read back through your entire thread, but if you have copied and pasted from other threads here, you might want to rephrase or even leave out this particular part.

KeithP

Umkomaas wrote: »

Have you sought clarification of this from the DVLA? It's very easy.

Pssstt... see post #67.

Umkomaas

KeithP wrote: »

Pssstt... see post #67.

I had read it when you posted it, but memory fatigue getting worse!

ajbeats17

Yes I have emailed the DVLA. But my hearing is tomorrow morning and I haven’t received anything today. I can say I’ve requested but assume that won’t carry much weight.

I’ll leave out the plagiarism stuff. It’s more a prompt for me against their points raised.

ajbeats17

Had my hearing and the judge ruled in favour of the claimant.

However, due to their lie about no appeal he dropped the charge from the £240 to the original £60 as he felt I wasn’t given the opportunity to use their appeal process correctly.

They tried to appeal for more costs but the judge threw them out and the appeal.

It isn’t a win sadly but a lot of money saved.

Thank you everyone

Coupon-mad

Well good and bad news then.

Sorry to hear you didn't actually win but £60 is less than it was, albeit no doubt a hundred quid in court costs and 'legal fees' was allowed by that Judge?

Did the Judge decide on the balance of probabilities, you were the driver?

Who was it, at which court, and why did he/she think a parking firm could alter your easements and right to park, and cause you detriment as a resident? Because they had signs up and you accepted the scheme by accepting a permit?

beamerguy

ajbeats17 wrote: »

Had my hearing and the judge ruled in favour of the claimant.

However, due to their lie about no appeal he dropped the charge from the £240 to the original £60 as he felt I wasn’t given the opportunity to use their appeal process correctly.

They tried to appeal for more costs but the judge threw them out and the appeal.

It isn’t a win sadly but a lot of money saved.

Thank you everyone

So, you just have to pay £60 ?

ajbeats17

So it was held at Brentford court with Judge Atkins, and the the ruling was for me to pay £60.

Judge Atkins was okay and told me he’d only address me if he needed clarity on any points BW Legal couldn’t answer. BW Legal proceeded to go over the site map, sign locations and the contract between landowner and parking management company.

The judge asked me specially about my parking space, where I responded about the tenancy agreement having nothing about having to display a valid parking permit, and the primary of contract over signage. I also questioned how I could be the named driver in ref to POFA 11 - c.

The judge didn’t respond to that. He didn’t ask for anything else.

He reverted back to BW Legal who repeated over the fact I had parked and that being there, I knew what the signs were asking.

The judge deliberated for a bit and said he had awarded in favour of the claimant for £100. He then went onto any admin costs BW Legal felt they were entitled to, at this point I spoke out and said I needed to raise a concern, the judge allowed that.

I raised the appeal that I went through that wasn’t mentioned by BW Legal. Already knowing I’d lost I pressed and said their appeals process had failed. The judge asked me to give my evidence to the BW legal representative and said ‘normally we don’t allow new evidence but it is small claims so we can be quite fluid’. The judge then pressed BW Legal and asked, does the email in fact confirm an appeal was lodged? BW legal confirmed and claimed but there is no evidence of what happened afterwards. The judge not being impressed said ‘well that isn’t the defence’s problem’ and proceeded to amend his original £100 down to £60 and then throw out all admin claims and any appeal.

Ive no doubt my delivery of my defence probably cost me the win.

Coupon-mad

Oooh, very close then! Sounds like them ignoring the appeal could have won it for you if mentioned earlier, but you were not to know that.

So sad you have to pay £60. Get your own back by lobbying the managing agents and other residents (if you still live there) to get the PPC removed and NOT replaced, as none of you need this threat and private nuisance.

beamerguy

Well, if all you have to pay is £60, BWLegal are the biggest loser

That's what happens to dodgy legals who think they are a little god