BPS / BW Legal Claim Form - Invalid Permit

Coupon-mad

Great, and be ready to say hello to the rep outside, and either 'play along' like keypulse did, or say ''no thanks'' about any chat and refuse to discuss your defence at all outside.  Walk away from the rep.

Fenners79

CASE DISMISSED AND PARTIAL COSTS AWARDED!!!!

Thank you so much to all the contributors on this forum, especially Coupon-Mad, nosferatu1001, Beamerguy, KeithP, Redx, Le_Kirk, Umkomaas and The_Deep. I don't know if I'd have gone this far without your support. The assistance you all provide is amazing.

I only got home about 20 mins ago and am so pleased its over but shattered.  I will post full details of the day in due course as the post from Keypulse were so helpful and want to help other people in similar situations.

beamerguy

Fenners79 said:

CASE DISMISSED AND PARTIAL COSTS AWARDED!!!!

Thank you so much to all the contributors on this forum, especially Coupon-Mad, nosferatu1001, Beamerguy, KeithP, Redx, Le_Kirk, Umkomaas and The_Deep. I don't know if I'd have gone this far without your support. The assistance you all provide is amazing.

I only got home about 20 mins ago and am so pleased its over but shattered.  I will post full details of the day in due course as the post from Keypulse were so helpful and want to help other people in similar situations.

Terrific well done ..... BWLegal zapped again (said one judge to another judge)

Can you also provide please
1: Which court
2: The name of the judge
3: what you were awarded

Coupon-mad

Yay, tell us more - ANOTHER BW LEGAL ONE BITES THE DUST!

Fenners79

1: Bristol County Court
2: Deputy District Judge Angliss

3: I was awarded partial costs as it was disputed so unreasonable behaviour was not given. Lost earnings (£95), travel and parking to a total of £110.10 

The case was dismissed as Judge Angliss did not accept there were sufficient grounds that my parking permit was invalid. BWs advocate (clearly sub-contracted, with little preparation and covering other cases in the day) had no idea about the information in the BPS/BW witness statement so I explained to the judge details and referenced information that had been filed against me such as site maps, entrance to the site, etc. Obviously this allowed me explain from my own prospective and to my own benefit.

He also stated that he would have also dismissed on the basis of 'Abuse of Process' from the argument within my Supplementary WS I produced heavily reliant on Coupon-Mad's post in the thread, 'Abuse of Process ...District Judge tells BW Legal' even with an error leaving in reference to 'Debt Recovery Plus website'. He stated that he agreed with the DJ Grand - Southampton 11/11/2019 ruling although unsuccessfully the advocate argued that it is under appeal. It was a shame for the forum I guess that he didn't actually dismiss on 'Abuse of Process' but I imagine if a transcript becomes available it will be useful for further victims arguments. 

When my unreasonable behaviour costs were objected I queried if he had needed to dismiss on 'Abuse of Process' would he have been more likely to have allowed those costs and he agreed he would but he still accepted the advocates argument which was mostly that recovering debt needs to be enforceable. I did have the CRA documentation with but didn’t use it to argue. I kind of regret this now but at the time was so relieved that the case was dismissed and other costs were accepted. The case had started at about 10:40 and we were still in the court at 12:55. I had a parking ticket that lasted until 13:10 only and I didn’t want to risk getting another one so decided to cut my losses.

The whole time in court felt very casual and the judge was excellent in his appreciation that I was not legal and when required or requested with further explanation. I was able to show the judge letters from the BPS and BW that were not referenced in the WSs and provided him with the transcript of the DJ Grand case in Southampton and the two other recommended General Form of Judgement or Orders.

If anyone wants clarification of any of these details feel free to ask, I'm more than happy. I would have been terrified of this whole process if it hadn't been for all the support and information like this on this forum.

Umkomaas

Thank you for your excellent report and very well done on your victory. Nice one. 

It was a shame for the forum I guess that he didn't actually dismiss on 'Abuse of Process' but I imagine if a transcript becomes available it will be useful for further victims arguments. 

I'm afraid a transcript only becomes available if someone pays for it, generally either the claimant or the defendant, but as your hearing seems to have gone on for more than two hours, a transcript won't come cheap - a few hundred pounds, I'd guess. 

Le_Kirk

Well done on your win, an excellent court report and not getting a further PCN from the court car park!

beamerguy

He also stated that he would have also dismissed on the basis of 'Abuse of Process' from the argument 
The judge had options but he did say the above.   The main thing is you got BWLegal spanked again. So this is in the Abuse of process thread

The reps they send as we know are totally useless., I have seen it first hand.

BWLegal are yet to wake up and smell the coffee because amongst all the future spankings they will get, the more the complaints to the SRA will increase. In the end it will be asking government to cull these people.

A big well done on your win
ABUSE OF PROCESS THREAD PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Fenners79

Hello to this forum after nearly 2 months silence from me again. I wanted to send a nice final message with a happy ending to the forum to state that the money had been received but unfortunately I have still received nothing. I have now started contacting Bristol Parking Services and BW Legal. I have spoke to BPS once and left numerous messages as they do not generally answer the phone. BW Legal are great at answering the phone (the one positive thing they can claim) but have advised me that they no longer represent BPS on this case so cannot help. I will continue leaving messages with BPS, I have not yet emailed BPS but will do shortly, but wondered if there was any simple advice in this situation. I should have chased it a lot earlier but was just so relieved to not have to be dealing with it anymore. Maybe I could ask BW to act on my behalf to recover the debt? I genuinely thought they would honour this claim as it was sent by the county court, I think the judge even advised me as such.

Le_Kirk

You need a warrant of control, try reading this leaflet, see if it helps you.  LINK <<<<=====