Change of Claimant on CCJ- Urgent Help please

jasdeepsg · 29 January 2018 at 5:27PM

This is the first time posting, apologies in advance if the post is not in line with the forum rules. I tried to find a thread which could answer the below query but no luck.

For context - My wife owns the flat where we live. During winter 2015 flat management company changed the parking management company to Premier Parking Ltd. After this change we have been issued quite a few parking tickets because either not parking in the correct parking slots or not displaying the permit. More details later as don’t want to muddy the water too much in my first post.

I continued to receive notice to pay for parking penalties, however ignored it until the money claim notice from court arrived. Due to issues with health and travelling my response to the claim reached two days later than the deadline. In Sept 16 two default CCJ’s were registered against me one by ZZPS Ltd (~£500 for 2 parking offences) and other by premier parking Ltd (~700 for 4 parking offences). Due to financial problems I did not have money (~£550) to apply for 2 ccjs to be set aside, however did appeal to the court for the fees to be waived due financial problem but it was rejected.

Now I have received a N244 Application Notice from Wright Hassall Solicitors (legal representative of Premier Park Ltd) that they applied to the court for substitution of the claimant on one of the claim from ZZPS Ltd to Premier parking Ltd. According to a letter I have 21 days (from 26th Jan) to raise an objection. According to the letter if written objection is sent then the judgement will be set aside and claimant will need to apply for a new claim.

I guess I must send an objection as it may give me a chance to get at least one CCJ set aside. However before it do that, would like to know what to write in an objection? Do I need to provide a reason with the objection?

Also, has anyone have a similar experience?

Thanks in advance and apologies if the information provided above is not enough to answer my query. Please let me know if more information is helpful.

System · 29 January 2018 at 6:50PM

they applied to the court for substitution of the claimant on one of the claim from ZZPS Ltd to Premier parking Ltd

Its a !!!! up by WH as ZZPS have no standing. Any claim brought by ZZPS would fail. So you can have fun here if you want.

Others will be along for more sensible than me as I'd have them for this. ZZPS have essentially committed a civil fraud. Debt collectors have no standing and should never have been the claimant.

Coupon-mad · 29 January 2018 at 7:05PM

I like the idea of you 'having them for this' IamEmanresu. What should the OP do?

Object, but with what wording?

System · 29 January 2018 at 7:08PM

CPR 22.1(6)(a), so far as material, both requires and allows a statement of truth which verifies a statement of case to be signed by the party or the legal representative on behalf of the party. The Part 22 PD provides:

“3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.

3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement:

(1) that the client on whose behalf he has signed had authorised him to do so,

(2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and

(3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14)."

System · 29 January 2018 at 7:09PM

Someone has not being checking the paperwork or Mr O has been up to his old tricks which resulted in him being closed down by the OFT.

Perhaps the court needs to be updated on the background of ZZPS in its earlier guises and related to the current activities with WH.

Someone is due a kicking for this one.

jasdeepsg · 29 January 2018 at 8:35PM

IamEmanresu and coupon-mad, thanks for you response.
Still looking for suggestions to compose an objection letter.

Not able to post a link to share pics as its my first post. Would sharing content of the N244 form recieved help?

KeithP · 29 January 2018 at 8:43PM

Upload any pics to a hosting site like dropbox, tinypic, etc, then post a dead link here before submitting your post, change http in the link to hxxp.

jasdeepsg · 29 January 2018 at 9:02PM

hxxps://photos.app.goo.gl/96kx2iXmzLByPq3q1

Dicuments recieved from wright Hassall solicitors

KeithP · 29 January 2018 at 9:02PM

http://photos.app.goo.gl/96kx2iXmzLByPq3q1

There are eleven claims mentioned there.
Are they all yours?

jasdeepsg · 29 January 2018 at 9:09PM

No, only one. I think premier parking has created blanket consent to change the claimant of all the listed claims.

KeithP · 29 January 2018 at 9:18PM

It might be a good idea to remove your case number from your latest post.

Change of Claimant on CCJ- Urgent Help please

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