Scotland — 5-Year Prescription: Shorter Limitation Period for Parking Debts
In Scotland, the Prescription and Limitation (Scotland) Act 1973 provides for a 5-year negative prescription period for most obligations (including simple contract debt). This is shorter than the 6-year Limitation Act 1980 period applicable in England and Wales. A parking debt in Scotland that has not been the subject of court proceedings within 5 years of the date the penalty was payable is extinguished by prescription.
Legal basis
Prescription and Limitation (Scotland) Act 1973 s.6 and sch.1 (5-year negative prescription)
How to identify this in your case
You are in Scotland and have received a demand for a parking debt that is more than 5 years old (counting from the date the penalty was originally due). The debt is extinguished by prescription and cannot lawfully be recovered.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Prescription and Limitation (Scotland) Act 1973 s.6 and sch.1
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