6yr 6 month parking ticket

Coupon-mad

so long as the OP never acknowledged any debt

I suppose it depends what was originally written on an appeal in 2008 then.

Fergie76

I agree with Bazster on this. It is 6 years from when the debt was last acknowledged. If the debt has never been acknowledged then it's 6 years from the so called incident.

Responding to a letter asking them to prove the debt or to deny is NOT the same as acknowledging it.

For now I would treat this a debt problem and not a parking one and post on the debt forum.

Dee140157

I haven't at this stage got my head around the change that is happening on 1st October, but isn't this a case that if the OP any form of communication re this debt after that date especially about a statute barred PCN, then he/she will have a really good case to pursue their own MCOL against the PPC or their debt company?

Someone remind me what the change is that is coming. I know it's in a thread here somewhere.

And could the OP take this out on 1st October for a letter the arrived this month within the deadline date to "settle"?

Fergie76

The other claim the OP may have, breach of the DPA. Why have the debt collectors still got his details after all this time when they have not used them for years?

fermi

Limitation Act 1980.

Section 29(5)

(5)Subject to subsection (6) below, where any right of action has accrued to recover—
(a) any debt or other liquidated pecuniary claim; or
(b) any claim to the personal estate of a deceased person or to any share or interest in any such estate;
and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

Section 30(1)

1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

Halsburys Laws of England

B. FORM OF ACKNOWLEDGMENT
1186. General form.
An acknowledgment must be in writing and signed by the maker or his agent 1 , but, subject to these require-
ments, need not be in any particular form2. All that is necessary is that the debtor should recognise the exist-
ence of the debt or other liquidated amount outstanding and unpaid or that the person who might rely on the
statute of limitation should clearly recognise the rights against himself 3. Whether a document is or is not an
acknowledgment depends on what the document states4.
In determining whether a document is a sufficient acknowledgment, the court will look at the circumstances in
which it was written, and will construe it in the way in which the writer intended it to be construed by the per-
son to whom it is addressed5.

In other words, you have to clearly acknowledge the debt exists and is owed. Denying it or disputing it cannot be acknowledgement under any reasonable interpretation.

Regards the start of the 6 years.

Apart from any special provision, a cause of action normally accrues when there is in existence a person
who can sue and another who can be sued, and when there are present all the facts which are material to
be proved to entitle the claimant to succeed.

Stroma

Thanks fermi

Coupon-mad

Wow that is useful, thanks Fermi. So this poster can safely complain to the BPA, the DVLA, Trading Standards, the Co-op et al, and can respond to the letter (OBVIOUSLY not saying who was driving). Fermi can you show here an example of wording suggested to cover the fact it's statute barred? Just a line or two or more detailed, would you suggest?

Marktheshark

If they have sent Fake papers which use crown copyright documents, I would be inclined to fill them in and post them back to the REAL court.
A little mischief here might just turn the tables.

fermi

Marktheshark wrote: »

If they have sent Fake papers which use crown copyright documents, I would be inclined to fill them in and post them back to the REAL court.
A little mischief here might just turn the tables.

If that letter is representative, then it's simply draft particulars of claim attached. Not anything pretending to be a court document.

Underhand and intimidating, but not fake.

fermi

Coupon-mad wrote: »

Wow that is useful, thanks Fermi. So this poster can safely complain to the BPA, the DVLA, Trading Standards, the Co-op et al, and can respond to the letter (OBVIOUSLY not saying who was driving). Fermi can you show here an example of wording suggested to cover the fact it's statute barred? Just a line or two or more detailed, would you suggest?

A fairly bog standard form of defence to a SB claim could be something like.....

The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

The Claimant's claim to be entitled to payment of £xxx or any other sum, or relief of any kind is denied.

That is the sort of wording commonly quoted on various forums anyway.

Obviously here there is more at dispute than just an expired limitation period, so you would add the other grounds.