Bw Legal case dismissed by County Jugde, 15months latter received another county claim!!

Gacho35

Hi yesterday received county court claim for Pcn from 2018. I woz Well surprised as already dealed with claim in court 15 months ago, county Jugde dismissed the claim due poor photo evidence and claimants lawyer did not tur up. There were multiple Pcn charges during 2018. New County Court  claim received yesterday states slightly different date  from 2018 year. I they claimed multiple charges and lost the court why they trying again?please advise, shall I write new defence for pretty much same charge on different date? 

Half_way

is this for the same parking event?

D_P_Dance

If thi has already been dealt with consider a counter claim.  Have you complained to your MP? 

KeithP

You tell us that this for a different parking event - "claim received yesterday states slightly different date".

If the parking event on the 'slightly different date' has not previously been defended, then defend it as before.

Gacho35

Thanks for rapid response Gents. Yes in court Jugde dismissed multiple pcns(4). BW Legal must ov dig deep after dismissal and find another Pcn charge same event same year (2018) which wasn't included in dismissed claim. My point is why they wasting everyone's time-first they claimed multiple claims and didn't included all claims at once? All from same year 2018 and I went to court 2020 when they lost the court!

KeithP

Gacho35 said:

My point is why they wasting everyone's time-first they claimed multiple claims and didn't included all claims at once? All from same year 2018 and I went to court 2020 when they lost the court!

What you must not do is ignore it.

We can only guess at why they are doing this... they're running short of victims in these lean times and are hoping that you will think "I'll ignore this as it has already been tried". That would lead to a Default Judgment against you and you would need pay the amount they are claiming.

As I said before, you must defend this Claim.

Your Defence will be along the lines of "this claim is exactly the same as others that have been dismissed".

Someone will be along shortly to help you with words from the CPRs that say something like 'all similar claims must be filed at the same time'.

KeithP

And just to add...

If they are daft enough to proceed with this latest claim, you need to be ready with your unreasonable behaviour costs assessment.

Gacho35

My only explanation is I write bad reviews on trust pilot after case was dismissed, encouraging people to fight back against BW legal kind of companies . With my real name on. Maybe they try to get me back for that. 

Le_Kirk

You need to look up cause of action estoppel which prevents a party pursuing a claim which has already been determined by a court 

beamerguy

Keith is 100% right.
and Keith said ... "We can only guess at why they are doing this... they're running short of victims in these lean times and are hoping that you will think "I'll ignore this as it has already been tried"

Because of a year mainly in lockdown and parking companies desperate for money, claims in the future will be very lean.   BWLegal will be putting their stupid hat on again if they let this go as far court .....  you can select the same court but not a judge but you can tell the court what happened last time with Judge XXX

Regarding Trust pilot, BWLegal are a very vindictive company so that may be the case. Who cares, they have made themselves a disgrace in the legal system and a google search tells the story

Go ahead, claim for unreasonable behaviour against BWLegal

Gacho35

Just found General Form of Judgement.