Statute barred 'fines'

itmakesmetick

Hi There, 

I know a lady who has received a series of letters from DCBL (I think it was a different company that issued the original parking tickets), they are chasing her for money from more than 5 years ago and in Scotland I believe a debt is Statute barred after 5 years. 

She has never communicated with them regarding these fines which happened over 5 years ago. the letters being sent are clearly generic, she has several of the same letter as opposed to a letter collating the fines. What I need help with: 

These letters are concerning her, she is older, and I said I would look into what could be done. 

1. Should she send a letter to them letting them know it's statute barred? 
2. If so, what will the outcome of that be?
3. Can they still take her to court if it's statute barred, if they can't what is the process that stops them? (EG if it is past 5 years are they told when applying to take it to court that it can't proceed?). 

Thank you kindly for any help. 

Fruitcake

In Scotland, not only is an alleged debt statute barred if court proceedings are not started before five years meaning that it cannot be pursued through the courts, it ceases to exist after 5 years.

In addition, a vehicle keeper cannot (yet) be held liable, although thanks to your dear leader, that will change in the near future.
I would definitely recommend sending a letter to that effect to the claimant instructing them to cease and desist. 

Different laws apply in the other three nations within the UK.

Umkomaas

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

itmakesmetick

Fruitcake said:

In Scotland, not only is an alleged debt statute barred if court proceedings are not started before five years meaning that it cannot be pursued through the courts, it ceases to exist after 5 years.

In addition, a vehicle keeper cannot (yet) be held liable, although thanks to your dear leader, that will change in the near future.
I would definitely recommend sending a letter to that effect to the claimant instructing them to cease and desist. 

Different laws apply in the other three nations within the UK.

But can she be taken to court if she does nothing? Like, if this isn't a possibility what is the process that stops them from doing it? Sorry if this is a silly question, just being thorough before i chat with her again, as said, older and more easily concerned. Thank you for any help. 

itmakesmetick

Umkomaas said:

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

It's the limited one, I think she did go to citizens advice and they weren't any help. I just want to know the process, if she sends a letter does that mean she is acknowledging the debt etc. 

Le_Kirk

You need to find out some exact dates and then work out whether or not five years has passed since the original alleged incident.  If/when communicating with either the PPC or the company sending the letters (if it is DCB Legal) be careful only to communicate as registered keeper and of course she has no idea who the driver was!  If it is DCB Ltd, they are debt collector letters and can be used to line the bottom of the parrot's cage.

Umkomaas

itmakesmetick said:

Umkomaas said:

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

It's the limited one, I think she did go to citizens advice and they weren't any help. I just want to know the process, if she sends a letter does that mean she is acknowledging the debt etc. 

They're just debt collectors, they can only send silly letters. But if the alleged debt is extinguished after 5 years by statute in Scotland, you need legal advice from lawyers, not from volunteers dealing with first-base parking tickets - hence my advice to get whatever free advice there is available at a Scottish Law Centre. The CAB are of little help in private car parking contexts - and they are not 'Law Centres'. 

itmakesmetick

Umkomaas said:

itmakesmetick said:

Umkomaas said:

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

It's the limited one, I think she did go to citizens advice and they weren't any help. I just want to know the process, if she sends a letter does that mean she is acknowledging the debt etc. 

They're just debt collectors, they can only send silly letters. But if the alleged debt is extinguished after 5 years by statute in Scotland, you need legal advice from lawyers, not from volunteers dealing with first-base parking tickets - hence my advice to get whatever free advice there is available at a Scottish Law Centre. The CAB are of little help in private car parking contexts - and they are not 'Law Centres'. 

I'll have to see what I can find, there is a template online it seems that she could send them that highlights everything. 

itmakesmetick

Le_Kirk said:

You need to find out some exact dates and then work out whether or not five years has passed since the original alleged incident.  If/when communicating with either the PPC or the company sending the letters (if it is DCB Legal) be careful only to communicate as registered keeper and of course she has no idea who the driver was!  If it is DCB Ltd, they are debt collector letters and can be used to line the bottom of the parrot's cage.

from January 2016, she has a few incidents then. Defo over 5 years and she hasn't communicated with them at all. I just want to find a way to sort this for her without it costing any money. it is from DCB Limited so I think i have time to see what they send next and I can address it with her then. 

Umkomaas

itmakesmetick said:

Umkomaas said:

itmakesmetick said:

Umkomaas said:

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

It's the limited one, I think she did go to citizens advice and they weren't any help. I just want to know the process, if she sends a letter does that mean she is acknowledging the debt etc. 

They're just debt collectors, they can only send silly letters. But if the alleged debt is extinguished after 5 years by statute in Scotland, you need legal advice from lawyers, not from volunteers dealing with first-base parking tickets - hence my advice to get whatever free advice there is available at a Scottish Law Centre. The CAB are of little help in private car parking contexts - and they are not 'Law Centres'. 

I'll have to see what I can find, there is a template online it seems that she could send them that highlights everything. 

Go for it. Let us know how it plays out. We have very few cases from Scotland - quite different laws around private parking north of the border (likely to change next year, but not retrospective in terms of this case, so no worries on that score). The more feedback we get from Scotland, the better our intel and the better advice we can give in the future. 

itmakesmetick

Umkomaas said:

itmakesmetick said:

Umkomaas said:

itmakesmetick said:

Umkomaas said:

DCB Limited or DCB Legal?  Which parking company are they representing?

I believe there are free Law Centres in Scotland who might be able to help if this persists. 

It's the limited one, I think she did go to citizens advice and they weren't any help. I just want to know the process, if she sends a letter does that mean she is acknowledging the debt etc. 

They're just debt collectors, they can only send silly letters. But if the alleged debt is extinguished after 5 years by statute in Scotland, you need legal advice from lawyers, not from volunteers dealing with first-base parking tickets - hence my advice to get whatever free advice there is available at a Scottish Law Centre. The CAB are of little help in private car parking contexts - and they are not 'Law Centres'. 

I'll have to see what I can find, there is a template online it seems that she could send them that highlights everything. 

Go for it. Let us know how it plays out. We have very few cases from Scotland - quite different laws around private parking north of the border (likely to change next year, but not retrospective in terms of this case, so no worries on that score). The more feedback we get from Scotland, the better our intel and the better advice we can give in the future. 

I will do, I won't let them bully an elderly lady without a bit of a fight :-:smile: