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court date timeout

on another thread , private parking ticket dating back to 2012 ,

this is before legislation in 2012 (POFa)

at what point do you START the 6 yr clock ? is from the date you recieve a invoice , or 28 days later if they offer that

the laws after POFa are clear cut and there is now a regulated time gap between the incident and them sending bog roll - sorry invoices

so does it start at the recept date of the invoice , 14/28 days later or 3 mths later because they cannot be bothered to answer an appeal .

at this stage (now) its a company called B+W legal who are hoovering up very old cases hoping for change of address and a default.

the case in question would be easily beeten in court after the first question .


date of start of clock , please?
Save a Rachael

buy a share in crapita

Comments

  • Richey_
    Richey_ Posts: 334 Forumite
    Surely what matters is 6 years takes you to 2018 :(
    No expert, far from it just a gobshiiiite amateur!!!!! but my guess would be it would be the date of the ticket.
    Good luck in stomping on the parking fascist
  • fatbelly
    fatbelly Posts: 23,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Cause of action would be the date of the incident - it would be hard to argue otherwise, though they could try.

    I'm not aware of any cases where a ppc tried court action on something that happened over 6 years ago.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    thanks both of you , the incident was nov-dec 2010 which is pre POFa 2012 time

    PPCs have not tried court after 6 yrs , well they cant can they , P+W legal are "hoovering" old cases due for 6 yrs cut off for VCS/excel in the hope of getting defaults
    Save a Rachael

    buy a share in crapita
  • fatbelly
    fatbelly Posts: 23,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Plenty of debt buyers try court action after more than six years have passed so I would not put it past the ppcs or their agents to try it.

    Many claims succeed because the debtor does not respond, so judgement in default.

    Some of them 'find' a payment 2 or 3 years ago.

    Some seem to take court action at a previous address, no response, so judgement in default. Then they manage to find where the debtor lives now!

    They could even argue for a different start date though I've not seen that yet.

    The point is that there is a defence as long as the debtor can and does make it.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    yes it is called "credit clamping" , as per telegraph report andd being investigated by our prime minister

    as for buying debts (ppc oriontated) people are fighting back , the parking Cos have an agreement with the DVLA that they cannot sell details on , several recent cases , where DPA has resulted ion £750 loses to them

    this company B+W are hoovering along within the 6 yrs hoping to get defaults and play blackmail later , they are hired by the PPC , so not a lot can be done
    Save a Rachael

    buy a share in crapita
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