BPS / BW Legal Claim Form - Invalid Permit

Coupon-mad

Write to the parking firm and tell them you will apply for a Warrant of Control within 7 days unless you receive payment by return. Then come here for help - it's an easy process.

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 wasn't appealed!  It stands.

D_P_Dance

For £66 DCBL will arrange collection for you..   

beamerguy

D_P_Dance said:

For £66 DCBL will arrange collection for you..   

HA, I like that, and DCBL adding a fake £60 charge and the parking firm says .... hey that's not legal ???

Fenners79

Astonishingly BPS have now contacted me by email but before I had emailed them advising of the warrant of control. Their email advised me that they have considered my claim and believe it was based upon false statement provided to the court by myself and my witnesses. They have advised me that they have no intention of meeting my claim and are considering making a request to the court for the judgement to be set aside until the case is reheard? Also that they will communicate with me verbally or written about this matter further....... very rude. Based upon my understanding this is way too late especially as they didn’t even attend court. I assume I should just carry on and advise of the warrant of control.

Coupon-mad

Yes, carry on.

Johnersh

If your witness statements were false, all they needed to do was turn up and challenge them... But their advocate didn't. 

Start enforcement. They cannot decide whether to comply with an order. If they've got the evidence that you've lied, they should apply.

If there is no evidence, then they've no basis not to cough up. Sounds like a device to try and rehear the merits of the case. They might also like to consider how close they came to having to pay adverse costs, given that a finding was made of abuse of process. 

Fenners79

As per this discussion I emailed BPS regarding the settlement of the money owed explaining the due date had passed and that the amount owed was minimal as I hadn't pursued unreasonable behaviour even though I possibly should have and advising that I would issue a warrant of control through the court if I didn't receive the money within 7 days (today) and I have now received the message below;

"There was no evidence before the court to suggest that BPS was unreasonable in terms of their conduct or in pursuing the matter via the courts. For all intents and purposes, we still believe that the PCN was legitimately issued and we do not agree with the court’s finding for the reasons set out in my initial email to you.  Your threats to enforce via a warrant of control is noted but ill conceived. If the court make a finding that you and your witnesses have misled the court in any way, and we are entitled to adduce new evidence under the Ladd v Marshall rule on appeal, then not only will you be liable for the PCN but also all the costs from inception to the conclusion of the appeal. It is not the amount of costs that is relevant to BPS, but the principle of the matter, however all things considered, I do believe that the sensible and commercial option is for both parties to walk away on amicable terms, on a completely without prejudice basis. We will not appeal the decision of the lower court if you forego the cost awarded. If you go ahead with the warrant of control, we will file an application for injunctive relief and I have little doubt that the court will grant such relief and award us our costs which will be well above the sum you are seeking. I trust that you will have little hesitation in accepting the offer above."

I'm pretty sure its a bluff as the time for all this has surely been and gone but just wanted to run it by the forum. They took me to court I didn't want to go but had to? If I issue a 'warrant of control' surely the court wont make a finding as it already has?

nosferatu1001

Complete bluff 

pretty sure their time to appeal has elapsed. 

Proceed. 

Coupon-mad

Seconded, enforce with a warrant of control.

beamerguy

The letter from BPS is the same type of rubbish that BWLegal writes, such similar letters actually makes you wonder who did write it.

Maybe BPS have run out of money.  ???

They talk about a false witness statement but they lost because their legal, BWL, added a false amount and they should sue BWL for misrepresentation of their claim.

You simply cannot be writing back and forth with the brain dead. Go ahead with the warrant of control because even if they have no money, the court will seize their goods