Chasing a 6 year old Parking Charge Notice

tonkasdog

Hi guys,

I have received a NOTICE OF DEBT RECOVERY from DCBL today, they state that an overdue amount of £90 was due to CP PLUS Ltd and they have now had it passed two them and have added £70 + VATand now require £174.
I can't remember the incident, the only info relating to it on the letter is the vehicle reg, location and date: 19/12/2013
Am i right in thinking that Statute Barred/section 10 would apply here?

Here is what I found on this:

How long can a creditor chase a debt for?

The standard time frame for a creditor to recover an unsecured debt is six years. This is known as the limitation period. In Scotland the time frame is only five years unless the court issues a decree to extend the duration.

This applies to the majority of unsecured debt; this includes credit cards, store cards, catalogue repayments, personal loans, utility bills, council tax arrears, overdrafts, benefit overpayments, rent arrears and more.

Secured loans, such as mortgages for example, offer an extended timeframe of twelve years in which to be recovered.

There is no limitation period applied to income tax, VAT or capital gains tax owed to HM Revenue & Customs. They are entitled to chase any debt at any point in time. This also applies to the Department for Work and Pensions applicable to benefit overpayments. They are entitled to deduct any arrears from your existing benefit payments without court action and without your permission.

How do I know if my debt is statute barred?

By payment into the debt

You must not have made any payments towards the debt during the limitation period.

By written confirmation of the debt

You must not have written or emailed your creditor acknowledging the debt during the limitation period.

By legal action

Your creditor must not have already begun legal proceedings by issuing a County Court Judgement against you during the limitation period.

If you meet all of these criteria then your debt will be statute barred.

If you’re not sure whether your debt is statute barred you shouldn’t recommence making any payment your creditor is pursuing. By doing so you will discredit the limitation period and become responsible for the debt again.

In this situation it is essential not to acknowledge the debt. However, you may ask them to provide proof that the debt is accountable for according to the Limitation Act. It is the creditor’s responsibility to prove the debt is still active, not yours. Use the template letter at the end of this article to renounce the debt and make sure you send it by recorded delivery, as you may need proof of when it was sent and you should also keep a copy of the letter for reference. Never include any other contact details other than your postal address for correspondence. This will ensure you always have written evidence of all communication.

What should I do if my debt is statute barred or extinguished?

Nothing. If you’re certain the limitation period is complete and your creditors haven’t contacted you regarding the debt then you can ignore the debt and carry on with your life unaffected.

Thanks for taking the time to read this & look forward to some advice.

beamerguy

Simple answer ..... go to the ABUSE OF PROCESS thread
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

POST # 1 .... UPDATE REGARDING DCBL (Direct Collection Bailiffs)

Click on the link to understand

The_Slithy_Tove

tonkasdog wrote: »

Nothing. If you’re certain the limitation period is complete and your creditors haven’t contacted you regarding the debt then you can ignore the debt and carry on with your life unaffected.

Exactly this.

6 years was up yesterday. There is nothing DBCL (who are just a debt collector) or the UKPC can do.
There have been loads of DBCL threads recently, though this is the first I've seen that has gone over the 6 years. They really should check better. But since they have no intention of taking any of these to court, you have to wonder why they are worried about the 6 year limit.

Umkomaas

I suspect there's very few, if any, human checks being implemented. Metaphorically, they've shoved the entire PPC back catalogue of unpaid charges into the hopper and out spew the debt collector letters and threats of court action at the other end and straight into the post box.

Many will take fright and pay - the naive, the vulnerable, the unsuspecting, the elderly ....... Regrettably the business plan will almost certainly turn out to be profitable for both CP Plus and DCBL.

Redx

Agreed , they are sending letters for alleged debts that are just under 6 years to people in Scotland where the statute limit is 5 years , so no due diligence at all , just mass mailings

They probably talk about civil and county courts for Scotland , when it's the Sheriff's and simple procedures claims

The debt remains , it doesn't go away

But after 6 years in Wales and England , it's statute barred (and 5 years in Scotland)

The_Deep

I have received a NOTICE OF DEBT RECOVERY from DCBL today, they state that an overdue amount of £174.

They may have shot themselves in the foot here as this is considerably more than the law allows. Judges are now refusing to hear cases when claimants are overclaiming.

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Coupon-mad

Why not report DCBLegal (if it is them writing) to the SRA?