BW Legal are one of the 'roboclaim' firms.
The typical method of operation of these firms is to file thousands of claims without doing any due diligence in the hope that the majority of the British public are so scared of court that they will pay up regardless of the merit of the claim.
To save costs they will do absolutely no work until the deadline for filing approaches, in the belief that the motorist may chicken out due to the stress of an impending hearing and pay up.
Sometimes they leave it too late, as this case on pepipoo shows.
BW Legal failed to file paperwork on time back in August so the case was stayed. They then paid £100 to get the stay lifted.
The court directed both parties file witness statements and evidence before a hearing was set, apparently due to the fact they had a massive back-log of paperwork to get through (probably thanks to all the predatory parking cases clogging up the system) so they didn't want to allocate a date until they were sure of the validity of the case.
The motorist submitted their evidence pack to the court and the claimant on time (end of September). However BW Legal did not send their evidence pack until October (several days after the deadline). Not only that, the photocopies of the supporting evidence they sent was of was of such poor quality that is was indecipherable.
Therefore the motorist wrote a letter to the court pointing out to the judge that that the claimant had not followed the court directions and requested that the case was struck out. They included a photo of the envelope and the cover letter that BW legal sent their pack in that had a date stamp, as proof that they hadn't even posted it until well after the deadline
After many phone calls to the court for an update, they finally got a confirmation letter from the court early/mid December (almost 2 months later thanks to the massive back-log they were dealing with) saying the Judge had read their letter along with supporting evidence and agreed the claimant had failed to comply with the court directions and had decided to strike out the claim as requested. The claimant however still had 7 days to apply to have the order set-aside, varied or stayed.
BW Legal have apparently decided not to spend another £100 to contest this order. However given the huge backlog in the court, they may have sent an appeal which is still awaiting to be processed.
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Idiotic PPC's clogging up the county court with this rubbish. The law needs changing so claims can be done by post by adjudicators as is the case with council tickets.
ReplyDeleteThey can but the IAS is totally unfit for purpose and not worth the effort of the appeal. BWL are using this in an attempt to intimidate, including those who refuse to accept the perverse 'adjudications' of the IAS.
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