New MCOL N1 court claim filed by BW Legal re Parking Fine by Napier Parking in 2018

beamerguy

disrepair said:

D_P_Dance said:

They do not want to admit that this is unlawful, ask them again. 

beamerguy said:

Here is the clue ....... you asked them to substantiate the £60 and they failed but they still claim it which makes their claim unreliable. Your letter is for the judge to see and ask the same question.  

Surprisingly enough, I got a response from the lad at BW. What isn't surprising is how it's contents are utter BS.

I am unsure on what basis you have alleged that “claims of this sort are regularly struck out” as our client would not proceed on such claims. Our Client is satisfied as to their prospects of success, and therefore will not be discontinuing their proceedings against you. For the avoidance of doubt, our client shall not pay any costs to you unless ordered to do so by the Court.

We therefore look forward to hearing from you as to how you intend to settle the outstanding balance.

What a joke... Should I humour him with a reply, attaching a few of the cases like Britannia vs Crosby, or save it for court? 

They boast they employ some 250 staff, one would think that at least one of them would have the intelligence not to write such rubbish.  

“claims of this sort are regularly struck out” as our client would not proceed on such claims"

What a blatant lie, every claim adds the fake £60
I would ask them on what legal authority their client has to add £60 ?

Then enjoy the verbal Diarrhoea that follows
PERFECT TO SHOW A JUDGE

From the replies I have seen from BWL they have exhausted all their feeble excuses and now they think you are a mug.  BWLegal are now walking on very thin ice because the spankings will increase ... they are in denial of their fake £60

Coupon-mad

Consumer debts don't fall within the Late Payment regs and we know from ParkingEye v Beavis - ref paras 98, 193 and 198 - and ParkingEye v Somerfield - ref para 419 - (and the POFA 2012) that parking charges must already include all costs of the operation.

beamerguy

BWLegal are driving themselves in to a quicksand.   They are past their sell by date and as long as they keep quoting their rubbish they can only expect court spankings to increase. Makes you wonder who with no sense is running this outfit ????

disrepair

Thought I'd humour you to the email I fired back to him, for entertainment purposes of course :')



Happily anticipating his response, which I think should be coming in 14 hours from now... I'll be busy doing a Tax exam... 

beamerguy

As we have seen, BWLegal like to state that previous cases are irrelevant because there is no precedence set in county courts.  We know there is no precedence but they ignore the fact that your case will be heard on the day and a decision is made on the day by a judge who can read previous cases.    Makes you wonder why they cite other cases saying their client will reply on them ??? ..... that is no precedence in those and so their waffle continues.

The only way to stop these £60 fakers is courts striking out a case the moment they see a faker add an amount that they have no legal authority to do so.

Coupon-mad

The Judge in the telephone hearing I took part in last week said it was ''only right'' that consumers may use similar cases about parking firms in their own cases, because even if they are 'just' first level county court cases, and thus, not precedents, they assist the court if the facts are similar.  He was referring to OPS v Ms W and he was quite happy with cases being used (case adjourned for later though).

disrepair

>clown.jpg

By the way, I emailed the DQ and Southampton Approved Judgement to both the CCBCAQ email and BW Legal email - BW confirmed receipt, will I still have to send a postal copy? I'm thinking an emailed copy with printed copies to give both the Judge and Claimant's solicitor is a better idea.

beamerguy

disrepair said:

>clown.jpg

By the way, I emailed the DQ and Southampton Approved Judgement to both the CCBCAQ email and BW Legal email - BW confirmed receipt, will I still have to send a postal copy? I'm thinking an emailed copy with printed copies to give both the Judge and Claimant's solicitor is a better idea.

I have seen this from Mr Nolan stating it is "misguided"

Dear Sirs,

Reference your email dated xxxx
I am puzzled. You claim you have answered all my queries but you have still failed to explain your legal authority to add £60. Why is that ?  Clearly you have not answered all my questions and I question the validity of your claim as you fail to explain your legal authority to add £60 

With regards to the Beavis case, you say that I am misguided. I will not go further into this as at this stage a judge should decide. However, I will point out to the judge that your statement about misguided would indeed apply to all judges who have struck out your cases for abuse of process and the incorrect assumption of the Beavis case.and indeed I will bring to courts attention that in a similar case by VCS, the judge stated that the reference to the Beavis case saying"It is nothing more than a poor attempt to go behind the decision of the Supreme court"

You already know It is an Abuse of Process for the claimant to issue a knowingly inflated sum which they are not entitled to recover

Therefore for the purpose of the court, please explain your legal authority to add £60

Your letter and this letter will be available to the court

Yours faithfully

disrepair

Just thought I'd throw out a quick update, it seems that MCOL are heavily backlogged (at the moment, they're working on claims and documents in their emails from around the end of May/beginning of June).

I just got my Notice of Transfer of Proceedings as BW Legal decided not to discontinue. All I hope for is that the court date is before September, because I am not looking forward to having to travel from Glasgow to London for a court date...

Umkomaas

disrepair said:

Just thought I'd throw out a quick update, it seems that MCOL are heavily backlogged (at the moment, they're working on claims and documents in their emails from around the end of May/beginning of June).

I just got my Notice of Transfer of Proceedings as BW Legal decided not to discontinue. All I hope for is that the court date is before September, because I am not looking forward to having to travel from Glasgow to London for a court date...

Why London?  Where has Scotland suddenly appeared from in the thread?