DCBL PCN - Time barred (Scotland)

Kevinjukkkk

Just a quick one - ticket issued 2017 for leaving site.  Letter after letter which has never been acknowledged. 

In Scotland am i right thinking after 5 years the  Prescription and Limitation (Scotland) Act 1973 applies and they cannot pursue after 5 years ?

Any thoughts would be greatly appreciated. 

Coupon-mad

That is correct.

Do you know you will soon (2024 sometime) get 'keeper liability' inflicted on you for the first time on private land?  But also a proper appeals service as part of a UK-wide statutory regime.

Be aware for FUTURE private parking charges (not this one):

(a). Scotland is adopting the new incoming DLUHC Code of Practice that will also apply in England and Wales.

(b). As I said, Scotland will also bring in 'registered keeper liability' (a bad thing for motorists) and a proper appeals service (a good thing).  The law is changing for you and us.

So, we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

We anticipate it will be open very soon.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that funds the DRA gaslighting of people that you are experiencing right now.

Whether in Scotland, England or Wales, all UK motorists should respond to make sure the level of parking charges is capped at a proportionate level AND the added £70 is banned.

Please come back here when it opens, and you can make sure you don't miss the Consultation:

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens, pleeease!

Kevinjukkkk

I moved address  during this time and they also managed to trace me to the ems address!!! 

The clock doesn’t restart does it for the five years?

Coupon-mad

They are meant to trace you.  That's a good thing.  Better than writing to an old address.

No the clock doesn't re-start.  Contracts = a flat 5 years limitation in Scotland.  It is OVER.

Please bookmark the necessary thread so you can have your say on parking charge levels and banning the rip-off fake fees, that (if they are allowed) will in future encourage more to try court claims in Scotland, IMHO.

Fruitcake

Unlike the Limitations Act in England and Wales where a debt still exists after the limitation period of 6 years has passed, but cannot be pursued through the courts, in Scotland, the debt ceases to exist after 5 years.

Kevinjukkkk

I’m confused why they ares still writing to me after the 5 year expiry period??

Galloglass

I’m confused why they ares still writing to me after the 5 year expiry period??

Because there are some companies that do both north and south of the border. Can you post up the text without identifying details on it/

Coupon-mad

Kevinjukkkk said:

I’m confused why they ares still writing to me after the 5 year expiry period??

Ask them - and demand they cease and desist because any alleged debt has ceased to exist.

Umkomaas

Who are 'they', and are they acting on behalf of another party, e.g. a solicitor writing on behalf of a private parking company, if so, which one?

Fruitcake

Kevinjukkkk said:

I’m confused why they ares still writing to me after the 5 year expiry period??

Because the are *rogues, scammers, and bloodsuckers* who hope that you have never heard of the Prescription and Limitation (Scotland) Act 1973.

*Words used by UK MPs and MSPs across all parties in open debate in the House of Commons.*