Is there a statute of limitations on parking fines?

sgkain

Have just received a Northampton county court Claim form for £320.12 relating to a parking fine on 14th May 2017 in a car I no longer own. I am disabled and my blue badge was placed on the dash - this was just before 4pm on a Sunday, the car park was empty as shops close at 4pm. I challenged the jobsworth who just looked vacant and said 'Oh I didn't see it can't do anything now - you''ll have to appeal' - which I did but futile. I remember posting on this forum and the consensus was that these cowboys on a retail park have no power so ignore, which I did - for the last five plus years. I should say that had the fine been fair and valid I would have paid it, but it wasn't fair as my badge was displayed. I will never pay this fine for this reason and I will go to the wire to fight it - I am a 75 year old disabled pensioner and I won't be robbed by these scammers who judging by other posts on here are working on their usual scatter principle. There is a section on the form to submit a counterclaim, which I intend to pursue - for harassment if all else fails. I have noted some advice given by posters to submit a SAR requesting he evidence held by DCB legal   
 -  Is there an SAR template available? Is there a statute of limitations on these scams?.....  I am fully prepared to go to court to get this cancelled.
  Any advice or pointers would be greatly appreciated     Many thanks in anticipation...

KeithP

They have six years to bring a Claim against you, so with an incident date of 14th May 2017 they are well within that timeframe.

What is the Issue Date on your County Court Claim Form?

Who is the Claimant?

Coupon-mad

 I am a 75 year old disabled pensioner and I won't be robbed by these scammers who judging by other posts on here are working on their usual scatter principle. There is a section on the form to submit a counterclaim, which I intend to pursue - for harassment if all else fails. 

Read the counterclaim successes by @ellaro9 and @Nosy because you need the legal arguments.  Ellaro9's was a case about disability discrimination as well.  Can't recall if Nosy's was.

Click on their usernames above and go to their profile and scroll to their discussions. 

Read from start to finish!

Copy and adapt.

Umkomaas

I have noted some advice given by posters to submit a SAR requesting he evidence held by DCB legal    

It goes to the parking firm, not DCB Legal. 

Is there an SAR template available?

There's a link to one in the NEWBIES FAQ Announcement, second post, which is one of the five threads called 'Announcements' 'pinned' at the top of the forum thread list, one click back from this, your thread.

sgkain

KeithP said:

They have six years to bring a Claim against you, so with an incident date of 14th May 2017 they are well within that timeframe.

What is the Issue Date on your County Court Claim Form?

Who is the Claimant?

Claimant is UK PARKING CONTROL ...Issue date 03/08/2022 received 05/08/2022

KeithP

sgkain said:

KeithP said:

They have six years to bring a Claim against you, so with an incident date of 14th May 2017 they are well within that timeframe.

What is the Issue Date on your County Court Claim Form?

Who is the Claimant?

Claimant is UK PARKING CONTROL ...Issue date 03/08/2022 received 05/08/2022

With a Claim Issue Date of 3rd August, you have until Monday 22nd August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th September 2022 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

sgkain

Please can you tell me where to email my Defence statement - I found one thread pointing to that info being on the newbies thread > to check on KeithP but have to be honest, I find navigating this site quite confusing - trying to get to my thread - 'no results' - seems I don't exist! Have submitted AoS but you say don't file defence via MCOL website but that was the only way I could access the dropbox to file AoS. Need to fire it off asap and hope for a rapid court date - don't want to rely on snail mail as postal strike will add a whole new set of aggro! 
Many thanks

KeithP

Did you use the guidance in the Template Defence Thread when producing your Defence?

The guidance on how to actually file your Defence is in the opening post on that Template Defence Thread.

Are you happy with your proposed Defence? If you want to show us the first few paragraphs of it, it is possible that others may offer some refinement - but it's up to you.

You have plenty of time to file a Defence.
As I said a few days ago...

KeithP said:

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th September 2022 to file your Defence.

Still three weeks in which to hone it to perfection.  

Fruitcake

It is a defence, not a defence statement.

The AoS has/had to be done on MCOL. Did you get an automated reply saying that it had been received?

The defence does not have to be submitted via MCOL, and shouldn't be because there is a character/word limit meaning that the template defence won't fit.

I suggest you post the parts of the defence template you have amended here before you submit it so that the regulars can comment on it first.

You have nearly three weeks before the defence needs to be submitted, so don't rush things.

As for a rapid court date, it is unlikely to be much before the end of the year, and you have a lot more work to do before then.

The CCBC email address should be on the claim form you received from the CCBC, and I am sure it is also included in the guide to court and/or the defence template thread that includes a twelve step process that you should be following.

sgkain

Many thanks - yes have located the template, will amend my draft to fit.  BTW the email for CCBC is not on the claim form but found it online....I know I have plenty of time to get this defence filed, however I am currently awaiting two separate surgeries so need to get this off my mind. I have received an LBC re an almost identical 'crime'! 12 months after the first which although no claim form yet so shall include this in my defence as no doubt imminent.

Coupon-mad

 BTW the email for CCBC is not on the claim form but found it online.

No, don't randomly look for it.  The correct email is in the Template Defence thread.

 I have received an LBC re an almost identical 'crime'! 12 months after the first which although no claim form yet so shall include this in my defence as no doubt imminent.

You can't include that in your defence because the second one isn't a live claim yet.  And it has no effect on this case.

However, re the LBC, if this is about the same car, car park, and broadly duplicate facts - the only difference being the date of parking event - then you can certainly respond to that LBC right now, reminding DCB Legal that their clients already have claim number xxxxxxx filed, and citing Henderson v Henderson (search the forum).  If they then file a second claim you CAN then include it in that defence.

But not this first one.