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Debt Statute Barred — 6 Years Under Limitation Act 1980

The right to bring court action for a simple contract debt (including private parking charges) becomes statute barred 6 years from the date the debt was due under the Limitation Act 1980. If no court claim has been issued within 6 years of the date the charge was due (normally 28 days after the PCN), the debt is statute barred and cannot lawfully be pursued through the courts. Continuing to demand payment of a statute-barred debt is itself a potential breach of FCA consumer credit rules.

Legal basis

Limitation Act 1980 s.5 (6-year limitation for simple contract); FCA Consumer Credit Sourcebook (CONC) rules on statute-barred debt

How to identify this in your case

More than 6 years have passed since the PCN was issued without any court claim being issued. Calculate: PCN date + 28 days (payment deadline) + 6 years = statute bar date. If today is after this date and no CCJ has been obtained, the debt is statute barred.

Sample appeal wording

Dear [Operator / Debt Collector], Re: Alleged Parking Debt — Statute Barred I write in response to your demand for payment in connection with an alleged parking charge dated [DATE]. The Limitation Act 1980, section 5, provides that an action on a simple contract must be brought within six years of the cause of action accruing. The cause of action in relation to this alleged debt accrued on or around [DATE + 28 days]. No court proceedings have been issued within that six-year period. This debt is therefore statute barred. You have no legal right to recover it through court proceedings. I will not be making any payment. I also note that continuing to demand payment of a statute-barred debt may constitute an unfair practice under the FCA's Consumer Credit Sourcebook (CONC 7.15). I will report any further demands to the Financial Conduct Authority. This letter is my final response on this matter. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

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