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
Dear [Council / Debt Collector], Re: Alleged Parking Debt — [REF] I write from Scotland. The alleged debt you are attempting to recover arose on [DATE]. Under the Prescription and Limitation (Scotland) Act 1973, section 6 and Schedule 1, obligations of this type are extinguished by the 5-year negative prescription if no relevant claim or acknowledgement has been made within that period. More than 5 years have elapsed since the alleged debt became due. The obligation is therefore extinguished by prescription and no sum is owed. I require you to confirm in writing that this matter is closed and that no further demands will be made. If you continue to pursue this extinguished debt I will report you to the Financial Conduct Authority/Trading Standards. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Prescription and Limitation (Scotland) Act 1973 s.6 and sch.1