Scotland — 5-year prescription (Prescription and Limitation (Scotland) Act 1973 s.6)
Section 6 of the Prescription and Limitation (Scotland) Act 1973 extinguishes any obligation listed in Schedule 1 after a continuous period of 5 years without a relevant claim being made or the obligation being relevantly acknowledged. Schedule 1 expressly includes (b) obligations based on redress of unjustified enrichment; (g) obligations arising from breach of contract or promise; (h) obligations to make a payment arising under an enactment. Therefore: a parking charge from a private operator (claim in contract — para (g)) is extinguished after 5 years from the alleged contravention; a council PCN under the Road Traffic Act 1991 (statutory enactment payment — para (h)) is extinguished after 5 years; an LEZ penalty under the Transport (Scotland) Act 2019 (para (h)) is extinguished after 5 years. Note: Schedule 1 para 2(fa) excludes obligations to pay 'taxes or duties' to the Crown — but parking charges are NOT Crown taxes. Para 2(fd) excludes council tax and non-domestic rates — but specifically NOT parking charges. So the 5-year prescription DOES apply to all parking charges and PCNs in Scotland. Compare England: 6-year limitation under the Limitation Act 1980 — Scotland is one year shorter and the obligation is EXTINGUISHED, not merely time-barred (so it cannot be revived by part-payment after expiry).
Legal basis
Prescription and Limitation (Scotland) Act 1973 s.6 and Schedule 1; specifically Sch 1 para 1(g) (contract), 1(b) (unjust enrichment), 1(h) (statutory payment)
How to identify this in your case
More than 5 years have passed between the alleged contravention date and the most recent 'relevant claim' (formal court action) or 'relevant acknowledgement' (admission/part-payment) by the debtor.
Sample appeal wording
Dear [OPERATOR / COUNCIL], Re: Parking Charge / PCN [PCN_NUMBER], alleged event [ORIGINAL_DATE] The alleged contravention was on [ORIGINAL_DATE], more than 5 years ago. Under s.6 of the Prescription and Limitation (Scotland) Act 1973, any obligation arising from breach of contract or promise (Sch 1 para 1(g)) or arising under an enactment (Sch 1 para 1(h)) is extinguished by short negative prescription after a continuous period of 5 years without a relevant claim or relevant acknowledgement. In this case: 1. The alleged contravention occurred on [ORIGINAL_DATE]. 2. More than 5 years have elapsed. 3. No relevant claim within s.9 of the 1973 Act has been made — there is no court action raised against me, no formal court diligence, no statutory demand within Scottish law. 4. I have made no relevant acknowledgement under s.10 — I have not admitted the debt, paid any sum or made any part-payment in writing within the prescriptive period. The obligation is therefore EXTINGUISHED — not merely time-barred. Even if I were to make a payment now it would not revive the obligation (Sandison & Co v JK Findlay (1846)). Please remove this matter from your records and confirm in writing within 14 days. Any further demand will be reported to the Information Commissioner for unfair processing under UK GDPR Article 5(1)(d) (accuracy). Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- legislation.gov.uk Prescription and Limitation (Scotland) Act 1973 s.6 and Schedule 1