BW Legal

Marky76

First off I received a parking fine despite paying for and displaying my ticket. Their proof was me driving in and out of the car park without a ticket, off course i would not have one going in and removed it coming out. I said if they can show me a pic of my car parked without a ticket I will pay they never could of course and just kept saying your not registered as having a ticket! Anyway BW legal took it over threaten a CCJ to which i replied to all stating the same. But a CCJ has been placed! I have been advised its because i did not return the sanctions order . I never received a sanctions order and the court have advised they posted it but not recorded. Since then BW legal have lied twice, first time they have said MY ONLY option is not now pay the CCJ. The court have advised i can pay for a N44 to get the judgment set aside (which is more than the fine) They have also like and told me the court emailed the order and copied me in, they did not.... I assume because the cost of the N44 is more than the actual fine they assume i will just pay it. I will not do that and assume if i pay the N44 they will never actually take me to court as they will loose but i will then be out of pocket for the N44....any advice on this would be great. Thanks

UncleThomasCobley

Did you receive an N1 Claim form from the CCBC/CNBC to your home address? If you did and you did not respond to it, you only have yourself to blame. However, you could possibly try to get it set aside but you need to know the risks of doing so as it is highly unlikely that you will get a mandatory set-aside, which would have meant that you could claim your costs back.

If you have a good prospect of defending the claim, you could request a set aside under CPR 13.3 but it would cost you £275 for the N244 application with little chance of recovering the fee back... unless BWL screwed up the claim form by failing to adhere to the CPR/PDs, in which case you could get it struck out at the set aside hearing and recover your costs.

Which PPC?

Marky76

UncleThomasCobley Thanks for your reply. I did not receive the N1 form, the court advised they posted it to my home address but it was never received, they have also advised they did not send it recorded delivery. BW Legal have actually lied and said the court emailed me it but that never happened. I am aware i can pay the £275 to get the judgment set a side, but in my opinion if i do this BW legal will then just stop , i dont want this i want to go to court as im almost positive i will win. So i guess the question is if i pay the 275 and BW legal do not do anything further do i just loose that money, or can i after a period of time raise a small claim against BW legal to get this recovered. Also in regards to the N1 form i cant prove i did not receive it but surely more importantly BW legal and the court cannot prove i did, thats why I have asked them if it was sent recorded delivery which it was not. Many thanks 

UncleThomasCobley

Whilst the CNBC can't "prove" that they sent the claim form, they could argue that on the balance of probabilities, you did receive it because you received everything else. It would depend on how well you could argue the fact. Because you responded to all the other communications, you could argue that there is no reason for you not to have responded to a claim form if you had received one.

A judge could decide that they should re-serve the claim. However, to your advantage, they would probably strike out the original claim because the POC failed to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5.

If you do decide to file for a set aside, make sure that you ask for your costs, especially if the claimant decides to discontinue because of their unreasonable behaviour due to the failings mentioned above.

Coupon-mad

If you try for a set aside BW won't stop the case and they aren't the Claimant. The PPC is the Claimant. You certainly can't sue the solicitor! Wrong party.

If you try for a set aside the CCJ will not be stopped or frozen while you await a court hearing of your application in 2024.  You will have a CCJ for months (ruining your credit rating) and if you lose at your hearing, the CCJ will remain for 6 years.

If you are sure you have very good prospects of defence and if you also use CEL v Chan you might get the CCJ set aside but it's a gamble.

Marky76

Thanks for your reply. Sorry what is CEL v Chan i cant fine any info on that case. Yes im 100% sure i will win any court case but im also sure BW Legal are sure I will win too and will do nothing further.

Coupon-mad

Search the forum. You will find it easily.

No-one will link a case that is literally everywhere on CCJ set aside threads and it's in the Template Defence already.