Screwed by BW Legal....

waamo

That definitely doesn't sound right. I would seek advice on that and may well be further grounds to appeal. Even if you don't overturn the judgement some of those costs should be overturned.

The_Deep

Instead, the Claimant was granted £712 for an unproven and certainly defendable £100 private parking charge,

Was he/she? What about the bankruptcy order?

jkracing

Thank you very much Coupon-Mad, that's hugely helpful.

If we are able to get this heard in court again, I think the girlfriend would want to be represented in Court to be honest. She's nervous at the best of times and the ordeal of last week wasn't something she will want to repeat.

The Judge essentially ignored every point we had prepared, was rude and belittling and reduced her to tears in the room as he continually emphasised how much money this was now going to cost her.

I have no idea what a pre-bankruptcy order would be or why we have been charged £450 for it, but BW legal insist it was court ordered, rather than from themselves. Point stands though, its a huge overpayment for what was initially a 22 minute overstay in a £1 car park.

jkracing

I have just received the email copy of the costs - Their reasons differ somewhat from the verbal ones I was given on the phone.

Principal Balance - £100
Contractual Costs - £60
Claim Issue Fee - £25
Fixed costs on Claim Issue - £50
Interest £7.88
Fixed costs on Judgement Issue - £22
Costs awarded at Hearing - £447.88 - No idea where she got "pre-bankruptcy" from

Total £712.76

These were forwarded by email by a Paralegal from BW, so can be assumed the correct costs I suppose.

BrownTrout

I posted up a few days ago about mis served claims, i am not legally trained but i believe that you could use the cases i posted about as authorities when it comes to claims that have been mis served. There are about 4 in total

If the claim has been mis served then you can use these to back up the fact the judge has erred in law

BrownTrout

https://forums.moneysavingexpert.com/discussion/comment/76014967#Comment_76014967
Planetree Nominees Ltd -v- Howard Kennedy LLP [2016] EWHC 2302 (CH)
Dzekova v Thomas Eggar LLP [2015] EWHC 2600 (QB).
Higgins & Ors v ERC Accountants & Business Advisers Ltd [2017] EWHC 2190 (Ch) (18 September 2017)
Ebela -v- Baardarani [2013] UK SC44

BrownTrout

Which court was it also at?

jkracing

Thank you, I'll read these this evening.

It was heard at Crawley Magistrates Court

Coupon-mad

Bring Brown Trout's cases in and call them the 'authorities' relied upon for point #1.

If she wants to be represented at an appeal hearing it would have to be a solicitor (no lay reps at appeal hearings as they'd have no rights of audience), but bear in mind at this stage that she is applying for leave to appeal.

IMHO due to this travesty and huge costs which offend against the CPRs, it's got to be worth a £120 throw of the dice (or free if she doesn't earn over the HWF ceiling). Even if the appeal Judge is not minded to set aside the CCJ (but I would be surprised why not) surely common sense will prevail re the costs which are unheard of and punitive, and not 'justice' at all.

Maybe she can get a free barrister?

https://weareadvocate.org.uk/

Got to be worth putting the feelers out, now, whilst she applies for leave to appeal. Free barristers can take weeks to reply, and she may as well put her case out there and see if one bites.

BrownTrout

Whilst coupon mad is right to a certain extent, you can be represented by a lay rep at any appeal hearing (if needed) as long as the court gives permission. There is no right as she says to use a lay rep at the hearing, but the court can give permission if it is so minded.

With regards to the pro bono unit , then dont rely on this , simply because the pro bono unit takes months and months to sort applications out and have a strict criteria A friend of mine applied to them years ago for a very complicated case and had to jump through hoops and did get a barrister for the case, but it was touch and go.
You also need to be referred by an organisation. for example an MP which is how my friend got referred