Almost statue barred - Can I delay?

Coupon-mad

Yes - do not respond yet!

1505grandad

" ....whilst not acknowledging responsibility for the fine,...."

And do not use the word "fine" in any correspondence.

tandoh

Thank you all for your advice and guidance on this! I’ll be sending the initial response to request docs etc next week, and then the 30 day hold at the end of the month.

I’ll keep this thread updated with how I get on!

Thanks

tandoh

Hi all - A quick update on my progress here.

I sent the 30 day hold email on the 1st august, without acknowledging the debt. DCBL confirmed receipt and that this would be put on hold for 30 days, whilst also pushing for payment, no surprise there!

This has now passed the 6 year mark, so I’m preparing the statute barred email. Below is my proposed wording, I’d appreciate any feedback. Thanks all!

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference No: xxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5:

“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.”

Limitation commences from the date of the alleged action, you state that this was the 17/08/2017 which is over six years ago.

Unless you can provide evidence to the contrary, or of payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

Coupon-mad

I wouldn't send anything.  You won!

tandoh

Coupon-mad said:

I wouldn't send anything.  You won!

Oh right, do I not need to tell them to stop them hassling me? It’s great if I don’t have to do anything! Thanks

Coupon-mad

No, you won!  Past 6 years is too late to claim.

They will have to bin your case now!

I mean, you could send them a get lost email for the fun of it, but not the detail you set out above.  More of a rude "get stuffed and why not look for a real legal job" retort.

tandoh

That’s great, thanks Coupon-mad! I’ll send something blunt telling them to foxtrot Oscar 

Half_way

You could drop in a bit about GDPR, in that you are instructing them to remove your data from their systems with regards to pursuing the parking charge notice, as they no longer have any need to store and process your data for such

tandoh

Hi all! Decided to send an email telling them it’s statute barred, and to remove my details in line with GDPR. 

They’ve been so kind as to let me know their client would be agreeable to a reduced full and final settlement of £100 within the next 14 days, and that failure to pay “may result in further action being taken”. Clearly they know this is dead as they’ve dropped the “a claim being issued against you without further notice” wording from previous correspondences.

Unsurprisingly there has been zero acknowledgement of my statements, so I’ll just ignore them.

Thanks again all, another win for the forum 😊