DCB Legal Letter Before Claim Highview Parking

Riverwolf

KeithP said:

As they have given you thirty days to respond, I would leave it a little later before telling them to FRO - as @Umkomaas so nicely puts it. 
I think it could be argued that the alleged debt didn't become due until 28 days after the parking event, or even 28 days after the NtK, but we don't often see this timeout issue here.

If you were feeling more cavalier, why not let them waste more money and issue a Claim before letting them know your thoughts?

As said, see what others say.

Is there any way to clarify the start date for the Limitations Act? (e.g. Ntk +28?)
Would very much like to tell them FRO but from a position of slightly more certainty 😎 
Reading around online including other forums it seems a grey area...? 
Advice very much welcome! 

Umkomaas

You take the lead, let them argue otherwise. See their cards, see what they've got.  

If you're looking for legal certainty, a parking forum isn't the place for that. Try taking legal advice .... and pay the price. 

Riverwolf

Not after legal certainty, indeed if I wanted that I'd go get it...
Just asking if anyone in here had experience or a reliable resource regarding dates for limitations act, statute barring and private pcns... 

Fruitcake

As far as I am aware, the clock starts ticking on the date of the alleged event, and stops 6 years later. As long as legal action has not been started by then, collection of the alleged debt via the courts is barred by the Limitations Act 1980.
Looking up the wording of the Act itself should clarify this.
It's been a couple of years since I looked it up, but my comments are based on my memory of what I read at the time. 

Coupon-mad

Fruitcake is right; there's no need to check. This is true and there is a template letter someone found the other month, maybe from National Debtline (it was certainly from a legitimate source like that).

nosferatu1001

As above. It is 6 years from when they allege money is due, not any other date. This is already statute barred
You oculd leave it another couple of weeks to tell them, or not. 

Bluefeather

Inform them debt is statute barred as older than 6 years. They have to prove otherwise.

Time starts is perhaps at end of their appeals proceedings not date of breach of claimed contract. Before their appeal process has ended they cannot start a court case. Reason dictates it's then when limitations clock starts.

Also are there not two contract terms in the mix. The fee then the markup in the small print. Are they on same limitations clock. 

Fruitcake

Bluefeather said:

Inform them debt is statues barred as older than 6 years. They have to prove otherwise.

Time starts is perhaps at end of their appeals proceedings not date of breach of claimed contract. Before their appeal process has ended they cannot start a court case. Reason dictates it's then when limitations clock starts.

Also are there not two contract terms in the mix. The fee then the markup in the small print. Are they on same limitations clock. 

No, the clock starts on the date of the alleged event, which is the date when the original (alleged) debt occurred. Legal proceedings can begin any time up to the six year deadline, and can continue past six years if already begun, but cannot be commenced once the six year deadline has passed.
Adding further (alleged) debts does not extend or restart the clock.

Bluefeather

Fruitcake said:

Bluefeather said:

Inform them debt is statues barred as older than 6 years. They have to prove otherwise.

Time starts is perhaps at end of their appeals proceedings not date of breach of claimed contract. Before their appeal process has ended they cannot start a court case. Reason dictates it's then when limitations clock starts.

Also are there not two contract terms in the mix. The fee then the markup in the small print. Are they on same limitations clock. 

No, the clock starts on the date of the alleged event, which is the date when the original (alleged) debt occurred. Legal proceedings can begin any time up to the six year deadline, and can continue past six years if already begun, but cannot be commenced once the six year deadline has passed.
Adding further (alleged) debts does not extend or restart the clock.

If taking this approach get debt advice. Sure it will be barred wherever clock starts but that judgment could come with CCJ and affect credit history. 


from the statute :
"An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

cause of action is time when claimant could begin proceedings. In the parking terms there is the appeal and increase as a period when no recovery will be actioned. Time runs from end of appeal window at earliest with the penalty claim perhaps that money later. 

Bluefeather

Ask them they have to prove..... then check CCJ implications. Get advice do not rely on opinion here.