BW Legal court date received for case against Premier Park

beamerguy

jacksparrow2000 said:

beamerguy said:

FACT ... Parking companies are digging up old tickets because COVID is not just a killer of people, it also kills the income of scammers and their dodgy legals.

BWLegal are in this category and are still desperate to win but they are in denial of their scam
THE SCAM IS THE £60 ADD-ON.
Bargepole is correct, BWLegal have to prove it is legal.  
However, you cannot run the risk of a judge who has skim read your WS, or one who does not have a good understanding of abuse of process.

Hopefully you will have a face to face hearing. If so. the judge will start by asking the claimant for their side of the story and then will ask you.
Regardless of your WS, this is an important time to raise your concerns and saying their claim is unreliable because of ......... you will show a letter you sent asking BWLegal what is their legal authority to add £60.   

You can see that letter here ..

BWLEGAL --- THE SCAM ?
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1

Don't expect a reply although you might get one with nonsensical rubbish.

This letter you show to the judge bringing abuse of process to the fore prompting him/her to ask the claimant.

 

Thanks. I received an email from BW Legal received May 28th,requesting discussion of my defence and upcoming hearing. Ive now replied and informed them im following the courts instruction with regards to witness statement and ive used the template to highlight the abuse of process at the same time. Ive also added this into my witness statement. 

What do they think they will discuss ???  normally they send a letter saying your defence is nonsensical  .......  One thing BWLegal will not tell you is their legal authority to add £60

You could chat to them and the sole purpose  would be to discover what actually is their legal authority to add £60?
They don't know, as so far they have failed 100% to explain that one away

That is why abuse of process MUST be highlighted to the jusge on the day

Coupon-mad

jacksparrow2000 said:

This is concerning and unfortunately the claim will go ahead without attendance according to the paperwork.

What?  You don't mean the claim will be 'heard on the papers'? 

Everyone who gets that Order says no to that.  The Order says a party can object, if this is what you mean.

jacksparrow2000

Coupon-mad said:

jacksparrow2000 said:

This is concerning and unfortunately the claim will go ahead without attendance according to the paperwork.

What?  You don't mean the claim will be 'heard on the papers'? 

Everyone who gets that Order says no to that.  The Order says a party can object, if this is what you mean.

I didnt really understand the process! I can see I should of asked for advice sooner. Not much i can do now unfortunately, your reaction doesn't sound too promising!

Coupon-mad

You can object - what does the Order say (word for word) and what's the date of it?

jacksparrow2000

Coupon-mad said:

You can object - what does the Order say (word for word) and what's the date of it?

It says; "It either party object to the case being determined without attendance that they must notify the court in writing by 4pm on the 21st May. They may make proposals for an alternative means of hearing which will be considered by the judge but otherwise the court will odjurn the matter for an attended hearing on a date to be fixed."

Would BWL have any reason to have objected? I dont really understand the difference?

Thanks again for your comments wish id came here earlier.

Coupon-mad

Have you sent in your witness statement and evidence...not just your defence? 

When's the 'on papers' hearing?    What's your deadline to get your witness statement in, have you missed that too?   

Please DON'T answer that you don't have anything about that on a court order (you do).

Sorry to say, but a hearing 'on the papers' against a solicitor robo-claim firm that 'does papers' for a living is obviously disastrous for an unrepresented litigant in person.   It ruins your best chances.

jacksparrow2000

Coupon-mad said:

Have you sent in your witness statement and evidence...not just your defence? 

When's the 'on papers' hearing?    What's your deadline to get your witness statement in, have you missed that too?   

Please DON'T answer that you don't have anything about that on a court order (you do).

Sorry to say, but a hearing 'on the papers' against a solicitor robo-claim firm that 'does papers' for a living is obviously disastrous for an unrepresented litigant in person.   It ruins your best chances.

I have until the 29th June to send on the WS with the hearing beong mid July.

BWL offered to settle for £160. Should I counter offer maybe? I dont want to give them a penny but sounds like the damage is done! Any idea what id likely pay if the claim is awarded in their favour?

Coupon-mad

You are not 100% doomed if your papers are really good but it was a TERRIBLE mistake not to object.    No-one will tell you to start offering money!  Stop flailing around doing the wrong thing trying to grab defeat from the jaws of victory. 

PLEASE start reading more defence and witness statement threads!

Any idea what id likely pay if the claim is awarded in their favour?

You've read the forum.  What have you learned about that £160 sum? 

You know what the issues are with it...you know what a witness statement and evidence looks like (or you will do, when you read the second post of the NEWBIES thread properly).  We win 99% of cases...but we NEVER agree to a hearing 'on the papers'.

jacksparrow2000

Coupon-mad said:

You are not 100% doomed if your papers are really good but it was a TERRIBLE mistake not to object.    No-one will tell you to start offering money!  Stop flailing around doing the wrong thing trying to grab defeat from the jaws of victory. 

PLEASE start reading more defence and witness statement threads!

Any idea what id likely pay if the claim is awarded in their favour?

You've read the forum.  What have you learned about that £160 sum? 

You know what the issues are with it...you know what a witness statement and evidence looks like (or you will do, when you read the second post of the NEWBIES thread properly).  We win 99% of cases...but we NEVER agree to a hearing 'on the papers'.

Thanks Coupon Mad. That post looks really good and very informative. I have no idea why you and others here choose to help idiots like me but really is appreciated.

I emailed PP with a SAR but only asked for copy of the original NtK, but i doubt ill recieve it in time now. Ill follow up with another mail for the rest of the data. BWL did send me their evidence after my defence was submitted, which I have. It contains front and rear photos of my car at the time and a close up of one of the signs, thats it. They didnt idenfify me as the driver and i never admitted that.

Ill read through today and post an updated WS later.

Thanks again.

beamerguy

As Coupon-mad .... "What have you learned about that £160 sum?"

Abuse of Process by adding a fake £60 is a very powerful tool for you and BWL suffer badly from this. If the case is to be heard on papers, you have lost your voice. However, you must hope the judge is savvy on the fakery by BWL.  

BWL offering that you pay £100 total is interesting because if they were 100% certain they will win, they would not offer discounts.  Heard on papers on just as dangerous for BWL.

Get to grips with Abuse of Process
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1