Limitation Act 1980 — 6-year bar on contractual/tort claims

A simple contract or tort claim is statute-barred after 6 years from the date the cause of action accrued: Limitation Act 1980 s.5 (contract) and s.2 (tort). For a parking charge accruing on date of contravention, the operator must issue proceedings within 6 years. After that, any claim is statute-barred. Time does NOT start running from the NTK or any later demand. Operators sometimes 'park' debts and re-emerge years later; the limitation defence is absolute. Acknowledgment in writing or part-payment can restart the clock under s.29 — DO NOT acknowledge by writing 'I will pay' or making any payment.

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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Sources

Limitation Act 1980 ss.2, 5, 29
Bradford & Bingley plc v Rashid [2006] UKHL 37