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BW Legal - Case discontinued but not notified?

Any advice would be great - short story BW Legal are supposed to be taking me to court for non payment of a parking fee tomorrow.  I sent the witness statement etc to them and the court but never received one from BW. I rang the court when I emailed my witness statement in and was told the case "appeared to have been discontinued" but I have heard nothing officially. I have looked on the court listings (not easy) and can't find my case but am wondering if I should go anyway? Any thoughts?

Comments

  • Coupon-mad
    Coupon-mad Posts: 137,777 Forumite
    First Anniversary First Post Photogenic Name Dropper
    edited 13 February 2023 at 7:54PM
    Go anyway, and ask the usher for 5 or 10 minutes with a Judge, and go in and tell the Judge that BW Legal have not served you with a Notice of Discontinuance, so you are here expecting a hearing which you've spent days preparing for.

    Having been told the case has been discontinued behind your back (after you took a whole day off work  - or suffered 'loss of leave' - and spent money on travel/parking to get here) you are respectfully asking for your wasted costs and a finding of unreasonable conduct.

    As per the White Book annotation (see the end of your defence which mentions the particular annotation, if you used the Template Defence).

    All Judges have the White Book to hand - and if it was pleaded in your defence all along that you would claim costs if they discontinued, and this legally-represented claimant didn't even have the common respect to notify you of the discontinuance, then this is clearly unreasonable conduct...do you agree, Judge?

    Take a wage slip or other proof of loss of salary or leave, and proof of travel, parking, etc.
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