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Abuse of Process ... District Judge tells BWLegal

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    On another thread where BWLegal has added a fake amount,
    nosferatu1001 has said this

    The limitation on liability in POFA is an absolute - the keeper cannot be charged more than that amount. It is beyond credibility for ANY PPC to be unaware of this, and certainly no legal firm can be allowed to pretend they didnt know. So this should be a slam dunk abuse of process. Abuse of process *should* come with some sanction, other than just striking this additional amount from the claim - that doesnt actually punish (sanction) them. Hence you should request the claim is struck out entirely - otherwise theyve done something knowingly wrong, but not suffered for it.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Perhaps also ask for "unreasonable behaviour" costs.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As Umkomaas states on this thread
    https://forums.moneysavingexpert.com/discussion/comment/76038799#Comment_76038799

    Please complain to the Solicitors Regulation Authority (SRA) that their member BW Legal is artificially (and knowingly) inflating claims with spurious sums, causing Judges to strike out on the basis of 'Abuse of Process'.

    Please ask them to investigate and bring this malicious, wide scale (GB-wide) attempt to deceive motorists and the courts that the additional amounts are legitimate and legally due.


    https://www.sra.org.uk/consumers/problems.page
  • Kamdee
    Kamdee Posts: 6 Forumite
    Fifth Anniversary First Post
    Can I be added to the Wattsapp group regarding BW Legal and Newcastle Airport. 07732515997.kammy
  • Coupon-mad
    Coupon-mad Posts: 151,884 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to post on the NEWCASTLE AIRPORT thread and pm the thread starter.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
    Kamdee wrote: »
    Can I be added to the Wattsapp group regarding BW Legal and Newcastle Airport. Xxxxxxxxxxkammy


    Best edit your post and remove your private details. Never a good idea to post them on a public forum
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Quentin wrote: »
    Best edit your post and remove your private details. Never a good idea to post them on a public forum

    Post that Quentin has quoted reported in the hope it's deleted.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    We are still seeing the fake add-on of £60 being applied every day.

    The Southampton and IOW courts determined that this was ABUSE OF PROCESS.

    BWLegal objected and so a senior judge has allowed an appeal.
    We have yet to hear further

    The question is, will the county court system deny the current POFA2012 law which states ...

    "The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012"

    Will the county court go against their own "double recovery" rules

    "artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery."


    As we all know, Boris is in town, he has said that the voter is the boss. He has appointed Robert Buckland QC MP as Lord Chancellor and Secretary of State for Justice

    Such abuse of motorists and the courts must be reported to him to investigate.

    Why now ?, because Boris wants to remain as PM and the government can no longer turn a blind eye to such abuse against the general public

    TWITTER
    https://twitter.com/robertbuckland?lang=en

    https://www.parliament.uk/biographies/commons/robert-buckland/4106
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Beamer that is interesting......
    I hope the respondents have help with the appeals here, they should not be left to flounder, otherwise this will be persuasive
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    edited 31 July 2019 at 9:36PM
    Can we get transcripts of the judgment of the District Judge and the Circuit Judge?
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