Three-Year Limit on Civil Penalty Actions
Under 10 Del. C. §8106, actions on a 'liability created by statute' must commence within 3 years. Delaware municipal parking violations are statutory liabilities. Wilmington PVB and DelDOT routinely attempt to enforce 4-7 year old citations via JP Court collection, all of which are time-barred. 10 Del. C. §8111 imposes a 1-year limit on certain forfeitures and penalties — applicable to true penalty enforcement actions.
Legal basis
10 Del. C. §8106 (3-year statutory liabilities); 10 Del. C. §8111 (1-year for penalty/forfeiture); 10 Del. C. §8121 (general bar)
Sample appeal wording
TO: [Wilmington PVB / DelDOT / Collection Agency / JP Court] RE: Citation No(s) [#], Issued [DATE] The above citation(s) became final more than three (3) years ago. Under 10 Del. C. §8106, any action upon a statutory liability must commence within three years of accrual. To the extent characterized as a penalty or forfeiture, the one-year limit of 10 Del. C. §8111 applies. Either limit has expired. I dispute the debt and demand: (1) cessation of collection; (2) release of any DMV registration hold; (3) written confirmation no derogatory credit report has been or will be made. I reserve all rights under the Delaware Consumer Fraud Act, 6 Del. C. §2511 et seq., and the federal FDCPA. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- 10 Del. C. §8106
- 10 Del. C. §8111
- 6 Del. C. §2511 et seq.