Bw legal not responding to my letters or emails....

The_Deep

They are claiming more than the law allows and if you point this out to a judge he may throw the case out as they are abusing the court process, read this

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

They are well aware of this but continue to overclaim because the know that many gullible motorists will pay as they are solicitors, and solicitors are pillars of society. No always the case I am afraid, there are a worrying number bent dirty shirts abroad, including my own erstwhile much respected family solicitor, who is currently a guest of Her Majesty.

https://www.lawgazette.co.uk/news/struck-off-solicitor-jailed-for-12-years/5044169.article

If Redx iss correct, (and he usually is), my advice would be to defend this claim.
Is is tiresome and a waste of time, but until the law is changed we are stuck with it. Who knows, this could be the case which gets such abuse stopped.

The_Deep

Kentish_Dave wrote: »

What do you think that contacting the company is going to do? They have chosen to go through the courts, they probably have no interest in dealing with you outside of the court system unless you are making a settlement offer; is that what you are doing?

What is it that you do that means you can’t go to court?

I disagree

A Solicitors primary duty to the court, to ensure that justice is done. Failing to respond to reasonable letters suchly is imo a dereliction of that duty.

beamerguy

So I have been sent a letter saying they are due to start court proceedings and I have 14 days to reply. I have asked the courts for another 14 days to enter a defence

Bit confused here, if the letter is a 14 day one, it is just a debt collection letter to scare you into paying.

BWLegal must comply with the law and PaP, This means you must be given 30 days to respond/rebut and they must provide proof of their claim including the fake £60

It is called a Letter before claim. Is that what you have ???

Redx

I believe that the op has an N1 claim pack from the CCBC and is misleading us by calling it a letter before claim, or letter of claim, which it isn't

Otherwise there would be no AOS

An AOS is part of the court claim pack from the CCBC, so they are awaiting the defendant to fill in their paperwork and hoping that the defendant has not got a clue so they are letting it time out into a default CCJ

Even if the defendant issued a SAR they have 30 days to respond, by which time the defence deadline has timed out

It is a cunning plan, worthy of Baldrick, but it is what it is and the defendant has not helped by trying to engage with b w legal instead of drafting their defence once they indicated their decision by completing the AOS (we don't even know what option they ticked in the AOS or what the POC say or the issue date of the N180 form)

Pinky1979

Date of claim was 19/06/19, AOS was made on 08/07/19.

Claim is that due to a parking contravention, I havent paid the requested amount despite demands having been made.

My defence is that the advertised price to park there is £5.50 ( I used this particular car park as it was the cheapest I could find in the area) I arrived with the correct amount ready to pay. But the machine was charging me £6. So therefore I didnt have enough money to pay.

Pinky1979

Claim pack has form N1SDT on it

The_Deep

IANAL, but, if the above is correct you have a lot more time. I urge you to use it to defend this claim. It is time these dodgy solicitors were given a very hard smack. Who knows, your may be the straw responsible for breaking the camel's back.

Redx

So not a letter of claim then

And an underpayment or non payment for Parking on a pay and display car park

Not having enough money to pay the full amount is no defence, because the alternative option is to leave the car park and not use the service

Judges take a dim view on failure to pay

The deadline day is probably today

Pinky1979

On the AOS I ticked that I intended to defend my case and asked for another 14 to make my defence. Today is the last day to do this.

The_Deep

My defence is that the advertised price to park there is £5.50 … I arrived with the correct amount ready to pay. But the machine was charging me £6. So therefore I didnt have enough money to pay.

This surely is worthy of a complaint to Trading Standards. It may well be a breach of SOGA or CRA. Post this also on CAG and complain to your MP.

https://www.consumeractiongroup.co.uk/.