Screwed by BW Legal....

jkracing

Hi all,

Hoping for some urgent help here as my girlfriend has seemingly been royally screwed by NCP.

Bit of back story - She had an interview back in March 2018, she parked in a pay and display car park, bought her ticket and went on her way. The interview significantly over-ran and she was 22 minutes late back to the car and found a parking ticket.

She received two letters from NCP to her parents address where her car and driving license were both registered and she lived at the time, then had no further correspondence from them. She did not respond to either letter so we though there was nothing to worry about.

Fast forward to May of this year, she checks her credit file and sees a CCJ in her name from a case that was heard in court in November 2018! When we look in to this, it turns out that BW Legal had sent all of the documentation to my (not her) previous address, which I had moved out of last May. She had never lived there and her car had never been registered there.

So we made an application to get the judgement set aside on the basis of her not knowing anything about the case being heard and not having a chance to defend herself. This case was heard last week and, to my amazement, the judge found in favour of BW Legal and NCP, despite them having no valid reason for them using an address that was different to the one registered. The reason for the judgement given was that she didn't respond to the automated voicemails left by BW legal on her phone. They gave no details and she had no idea what they were contacting her about.

Unfortunately we weren't aware that we also had to file a defence against the original parking ticket as well, so we wrongly focused on the incorrect address at the hearing.

Is there anything we can do here now? It just feels so wrong that she is being billed £700 for an overstay of 22 minutes when BW Legal have seemingly deliberately used an incorrect address. As you can imagine, she's very upset by the whole thing and this CCJ will scupper our chances of getting our first house together next year.

Thanks everyone

nosferatu1001

This is also on pepipoo

I seee no way out, as no defence to the claim was entered so the only grounds open was the "did not know about the claim".

Quentin

All she can do is pay it off ( in full or arrange a payment plan). Why didn't she get proper advice on this???

(Or hope they won't enforce the judgement and wait out the 6 years till it gets removed)

Either way her credit record is trashed for the 6 years

You can apply for the mortgage without her on the application, though I appreciate you may need both of you to get the loan you want so this may be a non starter

beamerguy

The reason for the judgement given was that she didn't respond to the automated voicemails left by BW legal on her phone.

Suppose the judge did not understand about scam phone calls.

You can add a note to the credit file explaining the situation which lenders will read.

Sad story but, BWLegal are currently being kicked out of court for Abuse of process ...... with the amount you say, sounds like a lot of fake amounts were added

Coupon-mad

SEVEN HUNDRED QUID? For one PCN?

jkracing

Yep, £712. Obscene, right? We've had to pay it now... But I am absolutely determined to get back at BW Legal....

Complaint made to them yesterday, I will be complaining to my local MP and FCA today also.

The_Deep

Indeed, the first thing you should do imo is get her MP on side. Read this

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

As you will see, Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Why not also contact The Daily Mail, (they love bashing these scammers), and also write this up on Legal Beagles, The Consumer Action Group, Honest John, and the Notomob.

I do not see the connection between entering a defence against the original ticket and a set aside motion, surely they are separate. As for the court papers being sent to an address not supplied by DVLA old address. Where did NCP get this?

In my opinion, the judge has misdirected him/herself and you should appeal and/or contact the legal ombudsman.

Umkomaas

jkracing wrote: »

Yep, £712. Obscene, right? We've had to pay it now... But I am absolutely determined to get back at BW Legal....

Complaint made to them yesterday, I will be complaining to my local MP and FCA today also.

What costs elements did they claim to take the total to £712?

jkracing

Thank you, The Deep. That was exactly my feelings on it - We did not request to have the judgement set aside on the basis of the ticket itself, rather that the paperwork was all served to a wrong address so she did not have the opportunity to defend herself.

BW Legal provided a copy of a credit search that had a small link to my old address on it, although it specifically said that the chances of her living at this address were very unlikely. To be clear, NCP used the correct address, supplied by the DVLA. BW Legal then took it upon themselves to deviate from this and used my past address. In my mind, they should need a very very good reason to deliberately use an address that is not her registered one.

Umkomass, I will get the full break down this evening and post it here, but it was around £300 for the initial expenses of the ticket including their ridiculous fees and then a further £400 or so for their "legal costs". Another point of complaint as I fail to see how it can possibly cots them this amount of money.

beamerguy

To be clear, NCP used the correct address, supplied by the DVLA. BW Legal then took it upon themselves to deviate from this and used my past address.

Send a complaint to the SRA about the conduct of BWLegal
https://www.sra.org.uk/consumers/problems.page

The_Deep

It can easily cost much more than that, solicitors do not come cheap.

https://www.gov.uk/guidance/solicitors-guideline-hourly-rates

Have you read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal