Claim brought more than six years after the incident
The law gives a parking operator a maximum of six years from the date of the alleged parking incident to take you to court. If they issue a court claim after that deadline, it is automatically too late and you can have the claim thrown out. The six-year clock starts on the date of the incident itself — not from any later letter or demand. Be careful: if you write to say you will pay, or if you make any payment at all, even a small one, the clock can reset to that date and the operator gets a fresh six years.
Legal basis
Limitation Act 1980 ss.2, 5, 29; Bradford & Bingley plc v Rashid [2006] UKHL 37 (acknowledgement)
How to identify this in your case
More than 6 years between alleged contravention date and date of court claim issue; you have not acknowledged the debt or made payment.
Sample appeal wording
Dear [OPERATOR/SOLICITOR], Re: PCN [REF] — Vehicle [REG] — Alleged contravention [DATE] The alleged contravention occurred on [DATE]. More than 6 years have now elapsed. Under section 5 of the Limitation Act 1980 an action founded on simple contract may not be brought after the expiration of 6 years from the date on which the cause of action accrued. Under section 2, an action in tort is similarly barred. Whichever basis the Claimant relies on, the claim is statute-barred. I have not acknowledged the debt in writing nor made any part-payment, so section 29 does not apply. The limitation defence is absolute. If you issue or continue proceedings I will plead limitation and seek costs on the indemnity basis. The charge is denied. I require closure of the file and erasure of my data under UK GDPR Art 17. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Limitation Act 1980 ss.2, 5, 29
- Bradford & Bingley plc v Rashid [2006] UKHL 37
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