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Bw legal portswood car park, southampton

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
126 replies 13.7K views
1356713

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  • Coupon-madCoupon-mad Forumite
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    I will add it to the next edit of the NEWBIES thread soon!

    All people will need is bargepole's concise defence for most cases plus a paragraph covering their own facts about the parking event/signs or hybrid 'CN' or byelaws or whatever, then end their defence with the longer ending as shown above.

    I think it's high time some local court areas starting banning claims from the likes of Britannia or UKCPM, or just stopped Gladstones & BW Legal from filing claims without permission (at cost, so the courts are not out of pocket).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • edited 14 June 2019 at 2:24PM
    MahershalalhashbazMahershalalhashbaz Forumite
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    edited 14 June 2019 at 2:24PM
    CEC16 wrote: »
    Had a call from BW legal on Friday last week, asking me if id recieved their "offer" to pay £170...and had I given it any further considertation....
    CEC16 wrote: »
    TODAY, home from work, and a letter has arrived.
    Its Headed
    GENERAL FORM OF JUDGMENT OR ORDER In the Southampton County Court
    Claim number XXXXXXXX
    Date 10th June 2019
    Britannia PArking group ltd, T/A Brittania parking 1st claimant REF XXXXXXX
    MY Name 1st Defendant Ref
    Before District Judge Taylor sitting at the County Court at Southampton London Road Southampton IT IS ORDERED THAT
    The claim is struck out as an abuse of process

    Presumably BW Legal were aware that their claim had been struck out when they nonetheless approached the defendant for £170 to settle the case. This would seem to take abuse of process to a whole new level.
  • FruitcakeFruitcake Forumite
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    Presumably BW Legal were aware that their claim had been struck out when they nonetheless approached the defendant for £170 to settle the case. This would seem to take abuse of procedure to a whole new level.

    Gosh, are you suggesting that [STRIKE]the scamlicitors [/STRIKE] this upstanding legal company were acting in an underhand manner?

    Perish the thought.
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  • beamerguybeamerguy Forumite
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    Presumably BW Legal were aware that their claim had been struck out when they nonetheless approached the defendant for £170 to settle the case. This would seem to take abuse of process to a whole new level.

    No doubt .... but, we are talking about BWLegal here and NOT professionals by any stretch
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  • Fruitcake wrote: »
    Gosh, are you suggesting that [STRIKE]the scamlicitors [/STRIKE] this upstanding legal company were acting in an underhand manner?

    Perish the thought.
    beamerguy wrote: »
    No doubt .... but, we are talking about BWLegal here and NOT professionals by any stretch

    As I look forward to my day in the same court to defend myself against a claim relating to the same car park, this thread provides useful insights into those bringing the case against me.

    It does seem an indictment of the justice system if such underhand activity by BWLegal should go without sanction.
  • Coupon-madCoupon-mad Forumite
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    Agreed, and I am so fed up with the scammers that the above example ending for any defence accuses them of being vexatious litigants, in the hope that at least one pee'd off Judge might just take up the mantle without expecting a Defendant to fund an expensive application.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • CEC16CEC16 Forumite
    16 posts
    Just a little update, still no response from the SRA, in fairness they do have a few days left to be able to reply. In the meantime I have contacted BW Legal, Under the GDPR rules I have requested a copy of every singl;e piece of correspondence they have sent me, The details of my Account, and a list of every phone call they have made, answered or not. Not sure what exactly Im going to do with this yet, any ideas :)
  • CEC16CEC16 Forumite
    16 posts
    Another update

    Got another General Form of judgement or order in the post today

    it reads

    Before His Honour Judge Iain Hughes QC sitting at Winchester County Court at Winchester, The law courts, Winchester

    UPON reading the file


    This is an application to set aside the order of the District Judge Taylor dated 23rd May 2019
    The order was made on the initiative of the court. The Claimant did not attend and is entitled to apply to have the order set aside.

    This and any similar applcations are to be listed before a full time district judge, sitting at Southampton time estimate 30 minutes, first open date.

    Dated 16th July 2019


    So, what does that mean?
  • edited 17 July 2019 at 6:44PM
    KeithPKeithP Forumite
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    edited 17 July 2019 at 6:44PM
    Firstly, I am not a lawyer.

    But it looks to me that His Honour Judge Iain Hughes QC has decided that the 'abuse of process' Order, see post #10 above, should not have been made.

    It also suggests that similar Orders, possibly others in Southampton and those in Newport IOW, should also be set aside.

    I don't know what you should do about it though.
  • edited 17 July 2019 at 6:57PM
    Coupon-madCoupon-mad Forumite
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    edited 17 July 2019 at 6:57PM
    It means BW Legal have challenged the order of DJ Taylor and want a prelim hearing about costs and DJ Hughes has had no reason to disallow that right. Sounds like they might be bunching together more than one case to explore the matter of the fake costs in these cases:
    This and any similar applications are to be listed before a full time district judge, sitting at Southampton time estimate 30 minutes, first open date.
    If you get a date, go along armed with evidence that the costs can't be claimed (use POFA wording, POFA Guidance from the DFT in 2012, the stated Trade Body ceiling of £100 in the two CoPs, the DRP page that says that they do parking cases for free 'no recovery, no fee' and the Beavis case where the Judges talked about the business model more than covering the costs of the letter chain...).

    They can't charge twice for those letters. But they will, if they win this hearing and then they will refer to it in future. We can't have that.

    High time this was aired properly but it needs the Defendants to turn up, otherwise BW Legal might send a barrister to steer the Judge up a garden path. We need voices of dissent at that hearing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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