BW Legal County Court Claim

Oldo900

Coupon-mad wrote: »

The only long template on signage is a POPLA appeal, not for a defence!

Thank you for the clarification on that point and your help so far.

Oldo900

Update at 27/02/20

The story so far:

I've followed the correct procedure submitted my defence and had confirmation from the court that the hearing can be held in Southampton.

BW legal have sent their usual threatening letter and offer me a chance to pay and not go to Court.

Today I received a copy of their response to my defence in the post, in summary:

1. They deny the signage is not clear, as BPA members within BPA code of practice etc.

2. State I entered a contract by entering the car park and not leaving within the grace period.

3. State that they are engaged by the land owner to manage and enforce parking, won't disclose who the land owner is unless the case gets escalated to a final hearing.

4. The signage in situ makes provision for recovery of additional costs within their rights, due to my non payment.

5. Reference to previous claims is an unfounded allegation and they will only refer to the case in hand.

6. It is apparent that contents of my defence have been copied and pasted from the internet, large portions are nonsesical and cannot be deemed to be within the scope of my knowledge.

I have tendered no evidence in support of my position.

Their clients position is that I have 'copied and pasted' to obscure legitimate proceedings.

7. They offer me a chance to make payment within 14 days or arrange payment terms

They show a picture of a sign with the terms and conditions and a sign attached on a wall that wasn't in that position when I parked.

I have a picture of the sign that was there when I parked (below knee height), and screenshots from google earth showing the lack of signage and positions of signs at the time but they were not submitted with my defence.

They show pictures of a van and its number plates for which I am the registered keeper.

KeithP

I have a picture of the sign that was there when I parked (below knee height), and screenshots from google earth showing the lack of signage and positions of signs at the time but they were not submitted with my defence.

That's fine. Evidence never gets submitted with a Defence.

Evidence and your Witness Statement gets filed at Southampton County Court when the court tells it needs to be filed by - usually fourteen days before the hearing but please do read your Notice of Allocation when it arrives to confirm the actual date.

beamerguy

Ha, of course they will try to wriggle out with nonsensical copy and paste rubbish.

It's Southampton that worries them, it's where they were caught out with Abuse of Process ?

Will they, won't they, will they ......... have the guts to enter Southampton county court again, Puff the magic dragon says NO ...... they are about to discontinue 

Coupon-mad

Did you read the Skipton thread today, confirming that more Judges are doing the same as DJ Grand in Southampton by striking claims out without hearings?  More than that, DJ Wright heard an application there today where a PPC was desperately trying to get six claims reinstated, and the Judge refused, just like DJ Grand in your neck of the woods.   

So word is spreading - please read that thread.  Your case will probably be struck out shortly anyway!  If not then we can give you some wording to make the Southampton Judges wonder why they are letting claims get to hearings when BW Legal have already been told they can't file claims of this amount for parking firms.

Oldo900

Sorry about the late update but my case has now come to a conclusion:

Judgment from Southampton County Court on 16th March

1. The claim has been struck out as an abuse of process it contains, and is tainted by, an additional charge of £60.00.

Premier Park Limited were sending me threatening letters with options to pay right up to the day of the hearing!

A massive thanks from me to all you guys on hear who helped me to win this case.

John

Coupon-mad

Brilliant!  So there was a hearing - when (DATE?) 

In person pre-lockdown, or by phone more recently?

ANOTHER ONE BITES THE DUST! 

Please keep the paperwork in case PP appeal the decision.  I've heard an abuse of process case from Soton might be appealed - I think that's the plan - and it would be one that went to a hearing.  

The Soton case I went to wasn't an appeal, it was an application to set aside a strike out.   So this would be a new tactic and I think PPCs will be trying to actually ratchet one that was lost at a hearing, up to appeal. 

We need to find it and be all over it.  I'm happy to attend but we need to argue it, can't have a Senior Circuit Judge being steered by a barrister just because the PPCs cherry-pick another case. 

It was bad enough that VCS managed to do that in VCS v Ward which was the most stupid decision seen in a long time by a Judge completely led away from consumer interests and preferring some 'odd' legal arguments in the absence of a contesting voice.

beamerguy

1. The claim has been struck out as an abuse of process it contains, and is tainted by, an additional charge of £60.00.

Great news.     Can you please tell us the case number and name of judge.


They should change their name .... BW-L - Lemmings

D_P_Dance

Premier Park Limited were sending me threatening letters 

Consider your revenge, read this

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim