Britannia/BWLegal: Another claim struck out for Abuse of Process

Mahershalalhashbaz

After BW Legal's claim against me at Southampton County Court was struck out without a hearing last year, I didn't hear anything further from BW Legal or the Court.  I assumed that that the matter was closed. 

Not according to BW Legal, who 9 months on have written to say that I still owe Britannia Parking the full sum of of £242.58!  The letter neglects to mention that their case was dismissed, but states: 'our client remains confident that if the claim does proceed to a hearing, the court will find in their favour'.

The letter is entitled 'Without Prejudice Save as to Costs', and offers me 7 days to settle the claim for £180.  Can BW Legal really seek to overturn the judgement of the court so long after it was made, or is this just another example of unethical conduct by the company?

The_Slithy_Tove

Mahershalalhashbaz said:

After BW Legal's claim against me at Southampton County Court was struck out without a hearing last year, I didn't hear anything further from BW Legal or the Court.  I assumed that that the matter was closed. 

Not according to BW Legal, who 9 months on have written to say that I still owe Britannia Parking the full sum of of £242.58! 

Definitely worth complaining to the SRA about this one.
There surely must be some kind of sanction for this kind of behaviour. Would the judge who struck out the claim be interested?

nosferatu1001

They absolutely cannot do anything after this time to alter the jidgement

SRA complaint 
Send them a LBA for cont8nuijg to process your data without ANY cause. £250 

Mahershalalhashbaz

The_Slithy_Tove said:

Definitely worth complaining to the SRA about this one.
There surely must be some kind of sanction for this kind of behaviour. Would the judge who struck out the claim be interested?

Thanks for the suggestions.  

1. Yes, certainly there should be an SRA complaint, but these are just water off a duck's back for BW Legal.  They are well used to being complained about to the SRA, and the SRA is quite aware that they have had several claims struck out for abuse of process.   A major function of the SRA is to provide reassurance to a solicitor's clients.  BW Legal can argue that they are simply following the instructions of their client.  Indulging in unethical practice towards those being pursued by the client seems less likely to endanger the 'SRA compliant' label.   

2. The judge who struck out the claim, was one DJ Grand who has subsequently presided over a triumph by this forum's own Coupon Mad in a notable case last November.  I expect that he may have more than a passing interest in the excesses of the parking industry, but I am not sure that bringing this letter to his attention would achieve much. Not really contempt of court is it?

KeithP

Not really contempt of court is it?

Isn't it?

I am not a lawyer, but to my simplistic mind BWL are certainly sticking two fingers up at the Court's ruling.

Looks very much like contempt to me.

Mahershalalhashbaz

nosferatu1001 said:

They absolutely cannot do anything after this time to alter the jidgement

SRA complaint 
Send them a LBA for cont8nuijg to process your data without ANY cause. £250 

Yes, the General Form of Judgement received from the court striking out the claim did indicate that an application to have the order set aside had to be made within 7 days, so I was surprised that at this late stage they are suggesting that the matter can still proceed to a hearing, let alone one which would find in their client's favour.

A LBA for processing my data without any cause?  That is something I hadn't considered or know anything about...

Mahershalalhashbaz

KeithP said:

Not really contempt of court is it?
Isn't it?

I am not a lawyer, but to my simplistic mind BWL are certainly sticking two fingers up at the Court's ruling.

Looks very much like contempt to me.

Well I suppose that is something that the judge may wish to consider if brought to his attention.  Decidedly unethical to seek to recover a sum which the court has ruled should not be claimed.

beamerguy

Mahershalalhashbaz said:

After BW Legal's claim against me at Southampton County Court was struck out without a hearing last year, I didn't hear anything further from BW Legal or the Court.  I assumed that that the matter was closed. 

Not according to BW Legal, who 9 months on have written to say that I still owe Britannia Parking the full sum of of £242.58!  The letter neglects to mention that their case was dismissed, but states: 'our client remains confident that if the claim does proceed to a hearing, the court will find in their favour'.

The letter is entitled 'Without Prejudice Save as to Costs', and offers me 7 days to settle the claim for £180.  Can BW Legal really seek to overturn the judgement of the court so long after it was made, or is this just another example of unethical conduct by the company?

OMG ........ BWLegal are more incompetent than first thought.  This is a complaint to the SRA and in so many words ask why they have such idiots as members

You are safe but I would also let them take it further and especially if it's Southampton again. Play their game, ignore them and see what happens. YES they are unethical but totally incompetent

By all means write to Judge Grand with the story

nosferatu1001

1) wrote to the judg3 and ask he hauls the solicitor over the coals. The sol are officers of the court

2) op data prot3ction act. They cannot process your data, as they KNOW the matter was dealt with. They know they have no reason to process no ,alter what their client orders. 

Coupon-mad

2. The judge who struck out the claim, was one DJ Grand who has subsequently presided over a triumph by this forum's own Coupon Mad in a notable case last November.  I expect that he may have more than a passing interest in the excesses of the parking industry, but I am not sure that bringing this letter to his attention would achieve much.

Not really contempt of court is it?

I would say that it is.

Write to DJ Grand and tell him what has happened (attach a copy of his Order in your case and tell him you are in touch with the lay rep who appeared for Mr Crosby at BW Legal's failed application hearing in November 2019) and say that you and I are concerned that BW Legal have perhaps tried this with ALL the other parking cases that Southampton court stayed and then struck out. 

And we are very worried that some people might pay if they were unsure what actually happened in their case.  State how horrified and alarmed you are by this horrendous abuse of process, which seems so serious it looks to your untrained eye as if the solicitor and/or Claimant are in contempt of court.  And you wonder if the Senior Circuit Judge might be interested in seeing what BW Legal did next in these cases, given that neither Mr Crosby nor me, heard that they appealed (so, they didn't).