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mcdonalds ukpc dcblegal ccj hell

Ive tried to follow the faqs, stickies and pertinent threads but now im more confused than ever. Having multiple impacting medical issues, my meds make me sluggish. So this is my story so far...

December 2021 my Missus took the car to pick up her sister and kids to go to mcdonalds Ollerton Notts. It was during lockdown and was when restrictoons changed regarding family "bubbles" Evidently the whole county had the same idea as the place was gridlocked.

They spent aproximatley 2 hours inching around the carpark, going through the drivethrough, parking, eating and trying to exit. A month later a letter arrives with a fine for 90 Quid for an overstay cought by the anpr. My name on the letter.
My missus contacted the manager and complained and he said not to worry about it as they were aware.
Forgot all about it then 6 months later the chasing letters started. I wrote/emailed back stating i wasnt happy they had access to my data, i wasnt the driver, i explained the sequence of events and that as far as i was concearned the matter was dealt with.

Roll on to last month When in get the ccj warning letter with the means test pages attached. I went on moneysavingexpert and followed the advice not to fill it in and ask for a data request first (this suposedly causes a months pause in proceedings)
No data has been supplied to me thus far an this morning i received a letter from dcblegal stating that a ccj has been entered against me and have 1 month to pay before forwarding to the bailiffs.
i havent recieved any comunications from any court thusfar so im not sure what to do next.

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Comments

  • Not_A_Hope
    Not_A_Hope Posts: 828 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    edited 9 May 2023 at 10:20PM
    Who who exactly sent you a ‘CCJ warning letter’. Have you had a claim form from the County Court Business Centre? Did you ignore it?

    I wonder whether you actually have had a letter before claim threatening court action. We have heard of cases recently where leeches acting on behalf of their claimant have accidentally issued a letter wrongly stating a CCJ has been issued.

    Don’t ring them. Check with the court. If it is false information you need to complain. Go back to McDonalds and get them to cancel it.
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
    1,000 Posts Second Anniversary Name Dropper
    What exactly did the letter say?

    Was it titled Letter of Claim/ Letter before claim?

    Are you sure it says you have a CCJ?

    Could it not be they said they will issue a County Court Claim?
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    kountzero said:
    Ive tried to follow the faqs, stickies and pertinent threads but now im more confused than ever. Having multiple impacting medical issues, my meds make me sluggish.
    Oh dear... you need to go back and have a study of the Newbies/FAQ thread. It is not just there to be skim-read and forgotten about. It is the main reference you need to keep referring to every time you have a question as most of them are already answered in that thread. It is your reference guide.
    kountzero said:
    Roll on to last month When in get the ccj warning letter with the means test pages attached. I went on moneysavingexpert and followed the advice not to fill it in and ask for a data request first (this suposedly causes a months pause in proceedings)
    No data has been supplied to me thus far an this morning i received a letter from dcblegal stating that a ccj has been entered against me and have 1 month to pay before forwarding to the bailiffs.
    i havent recieved any comunications from any court thusfar so im not sure what to do next.
    So, you eventually received an LoC ("the ccj warning letter with the means test pages attached"). You came to this forum and, as advised, did not fill in their forms but you did request the 30 days to seek debt advice without acknowledging that there is any debt. So far so good. However, you say that you never had any further correspondence from DCB Legal except this mornings letter which says you have had a judgment entered against you, by default I presume, and that you now have 30 days to pay it or it will remain on your credit file for the next 6 years. If the judgment is for less than £500, you shouldn't worry about bailiffs.

    What we need to know is an precise timeline from the date of the parking event, the date of the LoC and the date of the CCJ.

    Which PPC? UKPC by any chance? When you say "I wrote/emailed back stating i wasnt happy they had access to my data, i wasnt the driver, i explained the sequence of events and that as far as i was concearned the matter was dealt with." did you say who the driver was?

    You were being chased as you were the registered keeper of the car. Your "data" was obtained by the PPC from the DVLA and eventually passed on to the debt collector and DCB Legal. Nothing new there.

    You have to understand the process from now on. You need to get this CCJ set aside. It is a legal process but you need to understand it. GO back to the Newbies/FAQ thread and have a read of the second post post that has this bit: HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

    When you have had a read/study of that post, come back and let us know and you will, hopefully, have a better understanding of what is needed to get the set aside set in motion. You must act promptly though.

  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 May 2023 at 8:27PM
    Hello and welcome.

    It looks like you received a County Court Claim Form. Is that right?
    It also looks like you didn't respond to that in any way, but instead wrote to DCBLegal asking for a thirty day delay.

    Unfortunately, if you don't respond to Claim Form within nineteen days of the Issue Date on it, the Claimant is free to seek a Default Judgment against you.

    It does tell you on the back of the Claim Form...

    It goes on to say...


    I can't see that there are any grounds for getting the Judgment set aside. I can't see that you have any alternative other than to pay what the Claimant is now demanding, but maybe wait and see if anyone else has any other ideas.

    Keep in mind that if the Judgment amount is not paid within the timescale allowed then you will have difficulty obtaining credit - think mortgage, mobile phone contract, etc - for the next six years.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Someone failed to read the advice correctly.
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Grizebeck said:
    Someone failed to read the advice correctly.
    And I failed to read the OP properly

     this morning i received a letter from dcblegal stating that a ccj has been entered against me and have 1 month to pay before forwarding to the bailiffs.

    Ignore what I said earlier in the thread OP, you need to pay the CCJ before the deadline.

    I'm just off to the back of the class...
  • Coupon-mad
    Coupon-mad Posts: 149,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sounds like the OP got a court claim from the County Court Business Centre and instead of defending it, they stopped at the advice about LETTER BEFORE CLAIM stage (irrelevant to someone with an actual claim form).

    I am so sorry but you are going to have to pay it in full.  Can't defend it now, it is too late.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • kountzero
    kountzero Posts: 9 Forumite
    First Post
    So there is no recourse to have the judgement set asside? Im even more confused than ever. Should it be possible to pay for it in small incriments if it comes to it otherwise? Were both disabled and on benifits.
  • Coupon-mad
    Coupon-mad Posts: 149,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 May 2023 at 11:22AM
    Oooh OK... the fact you are on benefits makes some difference because you might well not have to pay a court fee for your application to set the CCJ aside.  Might be worth a try...

    Also if you paid in instalments you would get a CCJ anyway. So do not do that!

    Show us what you are calling the 'CCJ WARNING LETTER'. Just the covering letter not the attachment reply forms.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,278 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can try to have it set aside but you need a compelling reason why you did not respond to the claim form AND a good prospect of defending the underlying claim. Fees are £275 unless you get help with fees for being on benefits. Do NOT be tempted to pay by instalments as this will leave the CCJ on your record for six years. 
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