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Abuse of Process ... District Judge tells BWLegal

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  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »
    This refers to the BWLegal hearing

    Originally Posted by CEC16
    UPDATE

    Notice of hearing recieved for the 11th November 2019. Soton County Court 1030

    It's all going to be very interesting

    Could be damaging - one way or the other!

    Beavis gave us great hope ....... :cool:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 4 August 2019 at 11:26AM
    Umkomaas wrote: »
    Could be damaging - one way or the other!

    Beavis gave us great hope ....... :cool:

    I agree. As the courts must follow the law, POFA2012 and their own rules about double recovery, I fail to see how they could allow fake add-ons.

    Beavis v PE only confirmed the charge of the ticket was fair but it did not confirm any other fake add-on and to this day, Parking Eye do not add-on fake amounts.
    The £60 add-on was started by BWLegal and the rest followed like lemmings. It is now up to BWL to prove the law is wrong and the courts own double recovery rules is also wrong

    It is to be noted that since the start of the £60 fake, signs are being changed to include this in small T&C's
    This needs a full investigation by the BPA for their members, The IPC bunch could not care less
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    The Protocol also states that the Claimant should not inflate the claim.

    The whole system is flawed from start to finish. If there was an parking ombudsman these cases would be wasting court time and public money.

    Nolite te bast--des carborundorum.
  • Coupon-mad wrote: »
    I agree, and I really hope Judges see the point that these are vexatious litigants, hence why I suggest all PPC defences (except maybe ParkingEye who don't add a fake debt cost) need this ending now.

    People can use bargepole's concise defence then add this to hit out at the 'costs':



    Astonished I've had to point out to people copying this, to ADD PARAGRAPH NUMBERS!

    :eek:


    I have read a few comments mentioning Bargepole's defence, but can't find it so far. If anyone has a link to that I would be grateful please. Defence deadline coming up so I am building it now. Thanks
    Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)
  • Le_Kirk
    Le_Kirk Posts: 24,596 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You know what I am going to say! NEWBIE sticky, post # 2, scroll down to here and keep reading: -
    Here are some cases won or in progress:

    Here is a defence I suggested for a case
    There are 17 pre-written examples, some by Bargepole, some by Coupon-mad and at least one by Johnersh,
  • Lolapops
    Lolapops Posts: 45 Forumite
    Sixth Anniversary 10 Posts
    is it possible to use the 'abuse of process' statement on page 1 of this thread from coupon mad, regarding £60 add on costs in a defence if they state on particulars of claim that it is for "contractual costs pursuant to the contract and PCN terms and conditions together with statutory interest of £xx.xx pursuant to s69 of the county courts act 1984 at 8.00% per annum continuing at £0.xx per day"
    fyi ukcpm
    thanks in advance
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Lolapops wrote: »
    is it possible to use the 'abuse of process' statement on page 1 of this thread from coupon mad, regarding £60 add on costs in a defence if they state on particulars of claim that it is for "contractual costs pursuant to the contract and PCN terms and conditions together with statutory interest of £xx.xx pursuant to s69 of the county courts act 1984 at 8.00% per annum continuing at £0.xx per day"
    fyi ukcpm
    thanks in advance

    #14 ON THIS THREAD BY COUPON-MAD
    use the text in it's entirety
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BWLegal still adding on a fake £60 per ticket.

    Followed by try-ons from Gladstones, SCSLaw, QDR, DCBL and even VCS

    So, we continue to advise those caught in this trap to advise the court of ABUSE OF PROCESS AND DOUBLE RECOVERY
  • Hi all

    I had a fine from Euro car Park, for staying longer than the maximum period allowed. I appealed but didn't go anywhere. Now I am receiving letters from Debt Recovery Plus LTD, the most recent I have from them is a ''Final settlement offer of £140 to avoid COURT ACTION ''. I was about to email them about and explained that I was Euro Car Park customer on that day, however I cant find my receipt, but I would your advice and help. Thanks
  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
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    No need to ask this Q about DRP as you will find it already answered in the NEWBIES thread post #4 all about 'ignore DRP or Zenith letters' stage.

    You will NOT be replying to DRP!

    No link to the NEWBIES thread is ever needed - see my signature below.

    :)
    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
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