Claim for PCN from Jan 2010

AnnaKnot · 23 May 2018 at 8:31PM

Hi MSE Forum.

I've read the newbies thread and its suggests that for a small claim I should start a new thread so thats what i'm doing, hopefully that's ok.

I have been issued a county court Claim form dated 17th of May 2018 for a PCN issued 05/01/2010 for a total of £290.08

The claim is from BW Legal on behalf of Excel Parking

Obviosly this is well over 6 years so I presumed it was statute barred.

Over the years I have fully ignored them and all their threatening letters as was the advice at the time. I have never acknoweldged the debt. The single time I have responded to them was 28/10/2016 (already over 6 years) when they were threating court action. I used a template letter from this site stating that the debt was not acknowledged and asking them to explain why they were "threatening legal proceedings regarding a matter that is in any case statute barred under The Limitation Act". They never responded to this letter and I figured they had just given up.

I would really appreciate advice on how to defend this and any information that might shed some light on them issuing a claim on something that is over 8 years old. Has something changed in the law? This seems like an expensive strategy from their point of view if they have no legal basis for the claim.

Thanks in advane for any advice.

waamo · 23 May 2018 at 8:41PM

I would say you are correct and this has "timed out". I can't see how it is in time. That would be my first point in a defence.

AnnaKnot · 23 May 2018 at 9:13PM

Thanks waamo.

Is it as simple as that? Essentially just saying on the forms that it has timed out and is therefore statute barred?

I guess my second point of defence would be that it is also well before POFA2012 and this is a family car so registered owner is not neccessarily liable?

Do I need anything else?

Appologies I have never had to deal with anything like this before so have no idea what is required.

Thanks again

KeithP · 23 May 2018 at 9:24PM

The first thing you need to do Anna is to Acknowledge Service to give yourself an extra fourteen days to prepare your Defence.

How to do this, and everything else you need to know at this stage, is described in the greatest detail in post #2 of the NEWBIES FAQ sticky thread.

AnnaKnot · 23 May 2018 at 9:50PM

Thanks KeithP. I will go back to that thread and see what I can make of it.

Umkomaas · 23 May 2018 at 10:04PM

Extremely important that the AOS is completed and sent off within 14 days, otherwise you will bar yourself and Excel may well obtain a default judgment against you, despite the case being statute barred, as default judgments (AFAIAA) do not pass before a Judge's eyes, rather they become nothing more than a simple administrative procedure.

If this occurs, a credit-trashing CCJ looms!

KeithP · 23 May 2018 at 10:14PM

Anna, as you Claim Form is dated 17th May, you must do the AoS by Tuesday 5 June 2018.

There is an easy to follow pictorial Drobox link in that post I mentioned earlier.

As Umkomaas says, this is extremely important.

AnnaKnot · 23 May 2018 at 10:20PM

Thanks both, I will get this done tomorrow.

[Deleted User] · 23 May 2018 at 10:36PM

Ok this is important. A defence relying on limitation is a procedural defence - it does not prevent them bringing the claim, but may provide you with a complete defence to the remedy (ie having to pay damages).

So, the defence should set out the story, the date of ticket, date of issue of the claim form and the relevant section of the limitation act here https://www.legislation.gov.uk/ukpga/1980/58

You may wish to ask the court to strike it out as having no prospect of success.

Plead in addition something like the below:

Without prejudice to the aforesaid and in the alternative, the defendant avers that:

The PoC set out no positive case that the defendant was the driver at the material time. The claimant is put to strict proof.

twhitehousescat · 23 May 2018 at 10:54PM

I thought the law was as simple as , after 6 yrs a county court claim could not be started , even in cases of confirmed debts , unlike this case a speculative invoice ?

System · 24 May 2018 at 6:39AM

AFIAK BW do this with Lowell Portfolio cases - their main client. It's a hyper aggressive form of debt collection.

Claim for PCN from Jan 2010

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