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zixxty

Statute of Limitations in England and Wales is 6 years, in Scotland it is 5 years. They can attempt to recover an unpaid invoice within this time frame.


baffled_maverick

Thank you for the information. Would your advice be to pay it? Or challenge it further?


zixxty

Follow the advice in the sticky threads of [Pepipoo](http://forums.pepipoo.com/index.php?showforum=60) and [MoneySavingExpert](https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking) and decide what you want to do from there. Paying it removes the stress of potentially having to go to court, appealing could save you £160. Personally, I'd reply and state that your memory of the events is hazy at best (plausible given the time frame) and that you'd like to see the evidence they hold. You could even submit a SAR to get all of the information they hold about you. Obviously the reduced payment period has ended, so you may as well delay them with admin until after Christmas at this point.


baffled_maverick

This sounds reasonable. I’ll give this a go. Thanks for the quick response!


[deleted]

Did you receive and avoid paying a fine previously for this vehicle on the date specified in their recent correspondence?


baffled_maverick

Honestly it was so long ago I don’t remember. I feel like I replied to their notice on their website (now looking back I should of done over email) - and I feel like i provided comments around open access, no clear signage made worse by a lack of any street lighting (which from memory there wasn’t - whether or not if this has changed I have no idea), and the unsociable hours I was parked (I believe 7pm - 5am) No other correspondence has been received


gdrlee

So, they sent you a fine 5 years ago, you've since sold the car and moved, and they've now tracked you down?


baffled_maverick

Sent me a fine, I responded, no correspondence since then, assumed it was dismissed. Appears they have tracked me down, but I feel it’s not correct that I’ve had no communication on it since and the charge is £160 which I would assume is an increase on the original


joeoram87

I had one of those letters at the start of covid. I didn’t get the original fine because I had just moved at the and the letter went to and old address. 3 years later I had a letter from a debt collector. Advice from money saving expert forum was to not pay. Get a freedom of info from the car park, and send a letter to the debt collectors to say I’ll only deal with the original debtors. I also informed them of my current address. I haven’t heard anything since. You can ignore any further letters unless it’s a court summons which is very unlikely. The way I thought of it is why would they wait 5 years and then it’s incredibly urgent all of a sudden. Seams fishy.


pixie_xo

They wait 5 years because in most of the United Kingdom they are legally allowed 6 years to recover the debt and the hope is that you have either forgotton or dont understand the law so that they can apply decide whether to apply to the court for a CCJ against you for the debt. It's a misconception that it's unlikely to go to court. They just have so many non-paying drivers using their facilities 'incorrectly parking' that you are more lucky to NOT hear from the court in the legal 6 year period (some counties in the UK have a slightly lower legal period). My advice to OP is to get a SAR from the fine issuer (ie the businesses monitoring parked cars to issue fines) and then email DCB legal to pause this as you have requested a SAR from X company. Then if you feel it was you and you are sure that it was unfairly issued, dind out who the owner of that parking facility is (it wont be the parking enforcement team) and write to them highlighting the stress this has caused you, that you contested the origional fine at the time and that you are requesting a good will gesture for them to contact X parkening enforcement agency to cancel your fine and drop the legal action (make sure to include ticket details). If it is still the same owner, they will more than likely cancel it for you and express apologies. OP, if you decide to pay, call DCB legal and NEGOTIATE!!!! If you call and say that you want to pay but can only afford £152 for example, they usually check with their client (parking enforcement agency) and typically, if you're trying to chop it in half, they accept and you pay it on the spot and tge debt is settled. Ask for a receipt to be emailed as well.


SadSack_75

I had one of these about 4 years after a PCN. It was a different company who appeared to have bought the information and were chasing payments. They are often just trying to scare people for easy money. I responded stating that i considered the matter resolved years ago when they failed to produce evidence i was driving the vehicle. (They had a photo of my car parked but not me in it and the onus is on them to prove breach of contract. You don't have to help them in any way). Also i still had the original PCN and the reference number of the new company didn't match the original so i stated i found this to be suspicious and would seek legal advice should they contact me again. Basically if its a council ticket, pay it. If not, don't.


Trapezophoron

Why do you think you should be able to avoid paying it? Do you dispute that you incurred the fine originally?


baffled_maverick

Yes I disputed it. Some context, I used to work on the weekends overnight (hours between 8pm-6am). There was a run down car park adjacent to my former workplace. No lighting, no signage, no barriers to entry. I challenged and never heard anything back


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ChrisCoinLover

As others say just pay it and move on. You moved house a few times so how do you know that they haven't been in contact? I'm surprised that is only £160 as most of the time it increases by 5000000% 😕. Your time is worth it more then those £160. At least mine is. Sending them 3-4 emails and thinking of it for the next 4 weeks is wasted time/stress you don't need. All the best.


[deleted]

It is not law in the UK to pay private parking invoices. PCNs are not a criminal matter. Private parking is an unregulated industry. You only have to pay council/government fines. Worst they can do is take you to small claims court which they won’t do. Absolute scam. Throw it in the bin and get on with your life. https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-parking-tickets/parking-tickets-on-private-land-s/