Excel/bw chasing my wifes carer

Umkomaas

The_Deep wrote: »

Soon Umko, but as yet still too cold to swim. Once I am there I shall be ROTFLMAO.

The Indian Ocean is starting to cool now as Autumn heads in and winds rattle up from Antarctica.

mowkid

lamilad
I started a new thread as you suggested. Hoping I can pick up some more ammo to put to my local council

mowkid

The date of this alleged infringement was 8th June 2011. Thanks to tips and guidance from the great people on this site I have managed to keep Bw/Excel at bay. We have not heard from them since October 2016 when I demanded authenticated proof of the signage existing on 08/06/2011. This was because Excel vacated that park some time ago and current signs are not theirs.
Can we now assume that they cannot procede further or is there some legal gimmick they can use to get around the six tear rule.?
Thanks to all contributors for the help and advice.

Redx

I would wait longer as the alleged debt never goes away, but it seems that you are past the 6 year statute for court claims , so its looking good

hoohoo

The clock starts ticking when you failed to pay. So if the PCN arrived after 20 days and gives 14 days to pay, then the expiry date is parking date + 20 + 14

Umkomaas

I think there was a statute barred case that they tried to push a little while ago (memory fails me on detail). Whether they did this knowingly or through their own incompetence is not known!

Expect anything from this lot, then you're not disappointed if it comes!

Fruitcake

I can't remember the exact words, but the six years is actually six years plus "a bit" if proceedings have already started, or some similar legal flannel.

At some point it will however become statute barred, but I don't know how you will actually know. It can't however go on for too long, especially if the scammers and their cohorts have been quiet for many months.

Grimble

I asked this question on legal beagles and was told it was from date of incident as that was when the alleged contract was entered into.

hoohoo

Grimble wrote: »

I asked this question on legal beagles and was told it was from date of incident as that was when the alleged contract was entered into.

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx?gclid=CM-G4MaIsdQCFVU_GwodixcOEA

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments.

pappa_golf

hoohoo wrote: »

The clock starts ticking when you failed to pay. So if the PCN arrived after 20 days and gives 14 days to pay, then the expiry date is parking date + 20 + 14

no rules or governing body were in force back in 2011 , so the +20 days +14 is a red herring

as far as I can establish (as no rules existed) its not the date that they contacted you + some hypothetical time to pay , it the date that you broke the so called "contract" with them

to quote the OP
"On 8th June 2011 a lady who is a carer for my wife received a PCN from Excel."

therefore that was the date of the breach of contract , and 6 yrs (TO THE DAY) runs from there