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

pould

I think this is contempt of court and even fraud. You should seek the advice of a good solicitor.

Johnersh

Is this definitely the same parking incident?  It seems ill advised of the ppc, not least since they'll be back in the same court.

Worth double checking the date on the original claim form with the latest correspondence for piece of mind. 

D_P_Dance

 BW Legal continue to think that having a claim dismissed by a judge should not prevent them from pursuing it.

Why not ask the SRA for their view.

https://www.sra.org.uk/

Also, consider your revenge

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

Mahershalalhashbaz

Umkomaas said:

I think their system is unable to cope. So many cases are being shovelled into the hopper at one end, and with their only aim being to extract money, there will be little priority given to updating records. And so if your case hasn't been updated, and the next action date has been reached, out pops a 'this week's special' and lands on your doormat. 

But this is in no way an excuse for them and you must pursue them all you can. If you haven't read jase69's thread, then do so now (last few pages) take in and follow the advice offered by the forum's foremost advisers. BWL has to be stopped from shooting this crap. 

https://forums.moneysavingexpert.com/discussion/5911830/penalty-charge-notice-issued-at-sennen-cove-beach-car-park-for-not-displaying-a-valid-ticket/p10

Thanks for alerting me to 69jase's thread. The words in the email received by 69jase are similar to those in my latest letter from BW Legal, though the offer was for a 30% discount in that case rather than the 25% I was offered.   In the same thread, didgeridoooo writes of receiving a similar letter, in possibly similar circumstances.

As in my case, the 69jase's claim had been struck out without proceeding to a hearing.  Unlike 69jase I have not received a letter of discontinuance following the General Form of Judgment or Order, but I don't suppose that makes any difference.

I would be inclined to take a less charitable view of BW Legal's business practices.  Rather than not getting round to updating records many months after claims have been struck off, this seems to me like deliberate fraud.

Of course the end result is the same.

Mahershalalhashbaz

Johnersh said:

Is this definitely the same parking incident?  It seems ill advised of the ppc, not least since they'll be back in the same court.

Worth double checking the date on the original claim form with the latest correspondence for piece of mind. 

Yes, the same PCN Reference quoted.  My only case so far with these characters.

Coupon-mad

You need to send all those letters and the Order you got striking it out, and the decision by DJ Grand that meant they all stayed struck out, to the SRA as a formal complaint about BW Legal.
Head it up:
Re: BW Legal Ltd (their address) (SRA ID xxxxx)

And send the same to DJ Grand, maybe swapping the 'decision by DJ Grand' attachment (as he doesn't need that!) for a copy of the email you will (firstly) have sent to the SRA and invite the court to complain to the SRA as well, or consider the possible matter of a contempt of court by BW Legal who have done exactly this to more than one Defendant whose cases were either stayed, struck out or even discontinued.  Ignorance or negligence by a solicitor firm is no excuse.

Johnersh

Ta dah!  https://www.bailii.org/ew/cases/EWHC/QB/2017/3206.html
Para 55(2) applies - Where the conduct of the first action has been found to have been an abuse of process or otherwise inexcusable, then the second action will be struck out as an abuse of process, save in "very unusual circumstances". 

I can't tell the O/P what to do, but were it me, I'd tell the parking company/debt collectors/claimant solicitors (as applicable) that this has come before the court, has been struck out and the revisiting of it now is an abuse of process, amounting to harassment.  They are to stop communicating and if they issue proceedings you will counterclaim for harassment and seek to have their claim struck out.

beamerguy

I assume you received a letter from the court advising of the strike out ?

BWLegal have displayed a high level of incompetence over the last few months.  A letter to the SRA should ask why they allow such a legal to put them in disgrace.  And a complaint by Judge Grand will carry a lot of weight

I agree with Johnersh that a letter should be sent requesting they explain their actions as this is not the first we have heard of

Mahershalalhashbaz

Coupon-mad said:

You need to send all those letters and the Order you got striking it out, and the decision by DJ Grand that meant they all stayed struck out, to the SRA as a formal complaint about BW Legal.
Head it up:
Re: BW Legal Ltd (their address) (SRA ID xxxxx)

And send the same to DJ Grand, maybe swapping the 'decision by DJ Grand' attachment (as he doesn't need that!) for a copy of the email you will (firstly) have sent to the SRA and invite the court to complain to the SRA as well, or consider the possible matter of a contempt of court by BW Legal who have done exactly this to more than one Defendant whose cases were either stayed, struck out or even discontinued.  Ignorance or negligence by a solicitor firm is no excuse.

Your advice is always appreciated, and I shall certainly update the SRA, though they seem to be inundated with complaints about BW Legal.
As far as contacting the judge is concerned, I hesitate over contacting him again.  There are good reasons why judges shouldn't have correspondence with parties to a legal dispute, even perhaps to one struck out.  It would be different if done through legal representation.

KeithP

Mahershalalhashbaz said:

There are good reasons why judges shouldn't have correspondence with parties to a legal dispute, even perhaps to one struck out. 

No there isn't. You should also send a copy to the Claimant.