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legalUK · England & WalesDifficulty: easy

Debt Too Old to Be Enforced in Court

A private parking charge must be taken to court within 6 years of the date it was due. The charge is normally due 28 days after the notice was issued, so the 6-year clock starts from that point. If no court claim was issued within that 6-year window, the debt is legally 'statute barred' — meaning it cannot lawfully be pursued through the courts. Continuing to chase you for a statute-barred debt may also break consumer protection 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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