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Simples, the bailiffs were unable to collect anything, not least because they had no 'walk in peacefull entry' (non commercial property), entry was denied/refused/did not answer door!

 

 

If the council and bailiffs did all they could reasonable do, and were frustrated by a non-co-operative debtor (and they had no other alternative such as an AofE... again, details we don't know), I'm not sure that an argument that it was unfair / unreasonable to pursue enforcement later (even much later .......) would hold water. So,

 

 

The OP asked The view taken is that penalty charge debt only becomes subject to the 6 year rule once the charge certificate remains unpaid. However, the decision then expands into a council's duty to act fairly and reasonably and delaying taking any part of the processing action (be it serving an NTO or CCert or registering it as a debt) beyond 6 months let alone leaving it up to 6 years is unfair and unreasonable.

 

 

may not be correct. Otherwise all anyone need do to avoid a (penal) civil penalty charge is 'duck and dive' for 6 years .......

There is (as I'd noted previously) a difference between "could have enforced and didn't bother", and "actively tried to enforce but were evaded".

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Going back to the original question. Yes PCN debt can be subject to the Limitation Act 1980 (statute barred) but only if the council fail to seek permission from the county court to serve an Order for Recovery within 6 years of the charge certificate payment deadline.

 

If the council obtains permission from the county court to serve an Order for Recovery within the 6 year period above, then the PCN debt is no longer subject to the Limitation Act 1980. However, to engage bailiffs the council must seek permission from the county court to execute a Warrant of Control and warrants are only valid for 12 months (time extensions and re-issues are rare) and so bailiffs have a limited time to track the debtor and take control of their goods.

 

Be aware that even though you don't answer the door, if you have a car they can take control of it. Usual method is to clamp it and keep it clamped until the debtor pays up or until they decide to sell it.

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I need also point out that IF you have completed a witness statement that was accepted by the county court, this will reset the clock as far as serving a charge certificate is concerned.

 

Bazza makes a good point in that you have not given us sufficient information to assist you with the precision we would prefer. You may have your own reason for this but don't judge Bazza or others unfairly. Everyone here is here to help if we can. We ask for the facts only to avoid giving wrong advice.

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