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Scotland: debt wiped out after 5 years

In Scotland, a parking charge or penalty charge notice (PCN) is completely wiped out — not just time-barred — if five years pass without the creditor taking formal court action or you admitting the debt or making a part-payment. This applies to private parking charges, council PCNs, and low-emission zone penalties. Unlike England (where the limit is six years and a debt can sometimes be revived), once the five-year period expires in Scotland the obligation is gone for good and cannot be brought back to life.

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.

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Sources

  • legislation.gov.uk Prescription and Limitation (Scotland) Act 1973 s.6 and Schedule 1

Related appeal grounds

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