BW Legal - Notice of Intention to Proceed

louisejones12345

Hi, I have followed all of your threads and instructions in requesting things like SAR and submitting a defense etc. I have now reached the stage where BW Legal have received my response to claim and have sent me a letter confirming they intend to proceed with court proceedings and that they are confident that the court will side in their favour. It also says I will have a CCJ issued against me should they win. So here's the thing, I read on the forum / q & a's that a CCJ will not be held against on me on my credit file - is this correct ? how do we do know this? Also, I did overstay unintentionally by about 15 mins so I too believe they will surely win?? I have things to use against them such as, they have failed to provide their grace period to me, the area was poorly lit etc etc but I am just not sure what the point is if I will only have further charges (according to this letter) and a CCJ which I absolutely do not want as I am looking to buy a house within the next few months. Advice please

Redx

They are correct , but failed to tell you that you have 30 days to pay it , to expunge the CCJ thereby avoiding any credit issues , so that is how we know this , everyone gets that grace period to settle up in full , the sooner the better

The figure on the claim form is the maximum amount that the total could be , but is often inflated with false charges , so a typical loss in court is £200 or less if they are only chasing one PCN ? Any further charges will be refused by the judge , especially if you object to all spurious charges

They are always confident , yet lose or give up regularly , so false confidence abounds , template letter

You try to win , if you lose you try to agree the lowest amount with the judge , by objecting to all the unlawful extra charges , then pay up , in full , ASAP

Umkomaas

So here's the thing, I read on the forum / q & a's that a CCJ will not be held against on me on my credit file - is this correct ? how do we do know this?

How do we know?  Because we do. Because we've been coming here every day, of every week, for hours on end ....... for years.   And we work damned hard.

When your Doctor says you've got an ear infection, do you ask him/her, is this correct, how do they know, did they pay full attention during their 6 years of medical school?  I've been here much longer than any Doctor has spent in medical school.  There are a few others with even more mileage under their belts!

We won't let you down. Trusting in what we tell you lightens the significant load the half a dozen or so regulars have to deal with each day.  If any regular 'gets it wrong, other regulars will moderate, and we all trust each other so as not to create any problem between us. It's your choice, but I suspect if you keep questioning the basis and authenticity of every bit of advice, you'll soon find tumbleweed running through your thread! 

Coupon-mad

louisejones12345 said:

Hi, I have followed all of your threads and instructions in requesting things like SAR and submitting a defense etc. I have now reached the stage where BW Legal have received my response to claim and have sent me a letter confirming they intend to proceed with court proceedings and that they are confident that the court will side in their favour. It also says I will have a CCJ issued against me should they win. So here's the thing, I read on the forum / q & a's that a CCJ will not be held against on me on my credit file - is this correct ? how do we do know this?

We know it, but if you don't believe us alone (and I understand that) surely just Google it:
 https://www.moneyadviceservice.org.uk/en/articles/dealing-with-county-court-judgements-ccjs#:~:text=Unless you pay off a,bank account in the future.

Thus, there is NO danger of a CCJ even if you lose because the odd 1% unlucky person who loses here just pays (less than the claim) within 30 days.

 Also, I did overstay unintentionally by about 15 mins so I too believe they will surely win?

Why?  We win 99% of cases here, and have done since 2016 when PPCs jumped on the court bandwagon thanks to the ludicrously stupid (and naive, for highly-educated people) farce of an 'anti-consumer rights and interests' decision, handed down by the out of touch, rich and elderly Supreme Court Judges in National Consumer week in 2015.   They caused this race to court.  They caused the robo-claim solicitors' rush to drag meritless PPC claims to county courts at the rate of over 110,000 claims per year (and far, far more threatening LBCs that work because victims pay).  I wonder if the Supreme Court even know or care about the repercussions of what they did?

 I have things to use against them such as, they have failed to provide their grace period to me, the area was poorly lit etc etc but I am just not sure what the point is if I will only have further charges (according to this letter) and a CCJ which I absolutely do not want as I am looking to buy a house within the next few months. 

The point is, even if you lose, the sum you'd pay is LESS THAN THE STUPID CLAIM. Have you missed the fact that they can't add more costs (except the £25 hearing fee if it gets that far and you lose in the end) and have exaggerated the claim., But you know that, from your defence that tells you and the court all about the fake costs.

The other point is - a point of principle.  Stick with us and take all advice here, if you are the sort of person who wants to show your family that you are not someone who gives into a scam. That is not what we do here and I don't know how people who pay, square that weak reaction with setting a good example in life for their children (if any) and for their own peace of mind. 

Paying a PPC funds and supports the scam.

louisejones12345

Thanks Redx, that gives me a bit of confidence and the reassurance I needed to proceed. I have been worrying a bit as I don’t have a legal background, all I can do is argue my case best I can in layman’s terms and hope for the best - I was thinking I was going to get slaughtered by these people who know what they’re doing so much more than me. They sure know how to word their letters in a way which gets you worried too. You’ve given me the confidence and advice I was looking for to proceed so thanks. 

Snakes_Belly

louisejones12345 said:

Thanks Redx, that gives me a bit of confidence and the reassurance I needed to proceed. I have been worrying a bit as I don’t have a legal background, all I can do is argue my case best I can in layman’s terms and hope for the best - I was thinking I was going to get slaughtered by these people who know what they’re doing so much more than me. They sure know how to word their letters in a way which gets you worried too. You’ve given me the confidence and advice I was looking for to proceed so thanks. 

You won't get slaughtered by the representatives of the parking company. They are usually very ill prepared (not always their fault). The judges are usually quite gentle with litigants in person.

My advice would be to try to get an understanding of the legal points in your defence and their application to your case.  Then you will feel more confident.

beamerguy

It also says I will have a CCJ issued against me should they win. So here's the thing, I read on the forum / q & a's that a CCJ will not be held against on me on my credit file - is this correct ? how do we do know this?

Another nonsensical letter from BWLegal.
Even if they win, the judge will give you a time period to pay.  Do that and there is NO CCJ
Trust us, BWLegal are in rubbish mode again, shameful company to give false impressions

Will BWL win ........  at most 50% but in reality a lot lower
They really are in no position to spout fairytales

D_P_Dance

Should this go to court the judge is likely to know the score.  In the meantime complain to your MP and , if appropriate, Trading Standards.  

Redx

louisejones12345 said:

Thanks Redx, that gives me a bit of confidence and the reassurance I needed to proceed. I have been worrying a bit as I don’t have a legal background, all I can do is argue my case best I can in layman’s terms and hope for the best - I was thinking I was going to get slaughtered by these people who know what they’re doing so much more than me. They sure know how to word their letters in a way which gets you worried too. You’ve given me the confidence and advice I was looking for to proceed so thanks. 

Most people on here , including myself , do not have a legal background , we never assume that a newbie has one either , because the vast majority of those coming here won't have a legal background !!

We are engineers , teachers , emergency workers , keyworkers , labourers , health workers , accountants , milkmen or women , housewives or house husband's , retirees , transport workers , a varied mix , but very few are legal eagles , most legal people who I know do not understand this topic , most of those employed by this industry are useless at this topic too, that is output experience. The judges cut them down to size when they smell professional ignorance in front of them

Judges are like us volunteers , they assume that the person like you is naive with no legal experience , so will usually assist you

Coupon mad is or was a teacher , yet beat a barrister in court , has helped many others in Court or on here , she is not alone , there are several lay people on here who I would back if pitted against the professional legal eagles

Even a rookie like you may score a penalty against DeGea !!!    So never say never !!

D_P_Dance

Red is right, when I was taken to court by an insurance company in an RTA some years ago,  both sides were represented by barristers.  Theirs was particularly inept, I felt sorry for her, and mine was in the chocolate teapot category.  I took over and demolished the poor lass.

beamerguy

D_P_Dance said:

Red is right, when I was taken to court by an insurance company in an RTA some years ago,  both sides were represented by barristers.  Theirs was particularly inept, I felt sorry for her, and mine was in the chocolate teapot category.  I took over and demolished the poor lass.

And in the case of parking companies and their legals, the "rent by the hour" people tend to be rookies, clueless and in many cases daft.

That is the penalty paid when they cannot afford better because the parking charge was only £100 so it's all done on the cheap