NAPIER PARKING LIMITED ORDERED TO PAY £1,067.10 ON COSTS AFTER FOLLOWED AN ADVICE FROM BW LEGAL SERVICES LIMITED

This s a case of our former client who contacted us for assistance of a claim made against him for unpaid parking charges and counterclaim under the Protection from Harassment Act 1997.  It was his case that Napier Parking Limited did not have the right to pursue him for unpaid parking because he had a virtual permit on the date of the alleged contravention.

After being provided with a legal assistance in drafting his defence and counterclaim, BW Legal responded to his counterclaim by an application to strike out under CPR 3.4(2)(a) and (b) and summary judgement under CPR 24.2(a) and (b).

The application albeit drafted by BW Legal Services was supported by a witness statement of Mr James De Savary, Managing Director. The legal arguments provided within the statement were confusing and misguided. As un regulated law firm, we recommended our client to instruct our solicitor’s partner in response to BW Legal’s application. The application was easily defeated by Mr Jackson Yamba, Advocate at Lawrence and Associates Solicitor and costs of £1,067.10 were ordered against Napier Parking Limited.

In response to the outcome, BW Legal sought permission to appeal which was granted on papers without the transcript of the judgement. The Appeal hearing, the grounds of appeal was heavily criticised by the appeal Court because it was apparent that BW Legal did not grasp the decision of the lower court in dismissing their application. The appeal was also dismissed.