Double recovery?

Norfolk_Boi

Firstly, a big thank you for all advice received already. But I was wondering the keeper could ask for more?

There appears to be an attempt at Double Recovery by the solicitors for an unpaid Parking Charge. A Letter of Claim has been received which lists the alleged debt as £160. On the letter the amount the solicitors estimated that the keeper would have to pay, if the solicitors were successful in claiming all monies, would be £238.05. The keeper responded and is fully intending to defend themselves in court. However they have received two further letters demanding £240.72. Which with the interest earned between the Letter of Claim and the second letter would be that amount. Although on the further two letters, the first giving a deadline for the balance to be paid, or an arrangement to pay the alleged debt to avoid going to court. They do not provide a breakdown of how they come to this sum. The keeper has emailed the solicitors asking them to explain how they have come to this balance, £240.72 from £160 but have not received a reply as yet.

If it is understood correctly the solicitors have no legal right to claim monies that they are not legally entitled to? They would not be legally entitled to the court fees, the interest or the court solicitors costs. Technically they are not entitled to the recovery fees or the higher amount on the Parking Charge as they could not prove the identity of the driver, only assume that the keeper was the driver (which they were not) and only the judge would make the decision as regards to this.

If it is understood correctly, Protections of Freedoms Act 2012 prohibits solicitors from claiming any more monies then what is on the original invoice, plus there recovery fee so what they are attempting is illegal?

beamerguy

And the solicitor is ?????? BWLegal, maybe Gladstones

You are right about double recovery / ABUSE OF PROCESS

Now read this
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081

Le_Kirk

Search the forum for posts by beamerguy and use Abuse of Process as your search words.

Le_Kirk

Ha! He's beaten me to it!

beamerguy

Le_Kirk wrote: »

Ha! He's beaten me to it!

Sorry Le_Kirk, I have a tab constantly open on that page

Umkomaas

The keeper has emailed the solicitors asking them to explain how they have come to this balance, £240.72 from £160 but have not received a reply as yet.

Nor will you. They don't answer difficult questions!

beamerguy

Umkomaas wrote: »

Nor will you. They don't answer difficult questions!

Very true

But no reply or explanation is a good one for the judge to mull over regarding abuse of process

Norfolk_Boi

Thank you for your replies.

If I understand correctly it is illegal under the Protections of Freedoms Act 2012, section 4, par 4.5-4.6 and is grounds for dismissal of the case.

Norfolk_Boi

Oh, and yes. BW Legal. Is there an Ombudsmen that keeper can complain to?

beamerguy

BWLegal have been kicked out of court for ABUSE OF PROCESS.

There is no Ombudsman in this unregulated industry

You can complain to the SRA about BWLegal
https://www.sra.org.uk/consumers/problems.page

Or, take it even higher to the new Lord Chancellor and Secretary of State for Justice
https://www.gov.uk/government/ministers/secretary-of-state-for-justice

Sir Greg Knight MP who introduced the new code of practice which is now law but is still being written ????
https://www.parliament.uk/biographies/commons/sir-greg-knight/1200

Norfolk_Boi

Thank you. They have also ignored a Subject Access Request for CCTV footage on site (there are cameras there). Although I am not sure whether they are legally obliged to or not?