Are PCNs subject to the 6 years (england) statute barred law anyone know?

Yes

private parking speculative invoices are

but if the council PCN has now turned into fine from a court no they are not!

private parking speculative invoices are

but if the council PCN has now turned into fine from a court no they are not!

A PCN cannot turn into a fine from a court. The whole thing about council PCNs is that the system is decriminalised. There are no courts or fines just penalty charges.

but if the council PCN has now turned into fine from a court no they are not!

Following through from jamberson, what do you mean by "fine"? "Court" people don't go to magistrates court for non payment of a parking penalty & as far as I know it is only criminal courts which can impose "fines" for criminal offences only............non payment of a council parking ticket is not a criminal offence, neither is it criminal offense to breach parking regulations, first I ever heard of such a thing, >>>can you please direct me (& others who might be interested) to the relevant statute?

When I asked for the info I wanted accurate info only. Thanks Jamberson

just my brain..so a council PCN..does it every time expire...?

just my brain..so a council PCN..does it every time expire...?

Sorry dx100, I did not understand that, what is your actual question?

predictive text..so does a council pcn time expire

I don't know the answer, but this is what I think is the case.

Statute Barred law applies to recovering debts through courts. When a debt becomes a debt, the party who is owed has six years to initiate proceedings. I think this is based on contract law. After the six years, court action is no longer possible, although the debt itself lasts indefinitely - they just can't use the court process, so in effect can't force payment any longer.

How does this work with PCNs? Well fistly, there's no court process applicable, so the fact that this course of action may be closed off after six years doesn't matter. But there's no contract law in play either, so presumably the Statute Barred law doesn't apply anyway. The debt still exists, but the question then becomes whether a new warrant can be granted (a warrant is actionable for 12 months, but another could be granted later on).

Maybe post on the bailiff section of this site, as the process is really about bailiff powers of enforcement.

ive popped it in the bailiff discussion forum.

that came out total irish due to predictive text...

removed

I hope this will clarify matters as it is taken from the London Tribunals site. http://www.londontribunals.gov.uk/sites/default/files/keycases/Davis41.pdf

When Councils have run out of options to collect a PCN they can go back to Northampton if that increased charge is not paid within 14 days, then the authority may apply to the Parking Enforcement Centre at Northampton County Court for the recovery of the increased charge as if it were payable under a County Court order Page 4 .

Between page 4 and 5 the Tribunal goes on to say

By Order 48B Rule 5(1) (which applies the provisions of Order 26 Rule 5

to the recovery of parking penalties under County Court order), a warrant of execution cannot

be issued without the leave of the Court where six years or more have elapsed since the date of

the relevant order upon which the warrant is to be based. Section 24 of the Limitation Act 1980

equally applies from that date: so that no action on the order can be taken more than six years

after the date of the order (although rarely would an action based on the order - as opposed to

I was going to put that link up myself LFI, you beat me to it.

The above should be read carefully. The Rule does not say that enforcment after six years is statute barred under section 24, it is not SB.

The period of enforcing a judgment is limited by the rule only, and can be lifted by an application to the court. If it were SB no further application would be possible.

Section 24 refers to an action on a judgment, this would be a new action based on the judgment, as opposed to just enforcing a judgment already made.

See Lowsley vs Forbes (HL)

So yes the creditor would have to make an application to the sentencing court and no, it is not because the order is statute barred.

Hi, Does the limitations act of 6 years apply to PCN's, thanks

By PCN do you mean a Parking Charge Notice issued by a private parking company (ie not by a local council)? If so my understanding is that they are claimed as contractual debts and so the Limitation Act applies and action cannot be taken to recover the debt after 6 years. There's a specific definition of when the 6 years starts though that you'd need to check.

If you are asking about a Penalty Charge Notice issued by a local council I'm afraid I don't know the answer.

With council pcn's, following the issue of the pcn, a Notice to Owner must be served within 6 months of the date of the contravention

old and new threads merged

you've already asked this question

OP, didn’t you like the answers you got asking exactly the same question a year ago?

Has the situation changed causing you to ask again?

BazzasS, The pcn's are council.

It was not because ''I did not like the answer's'', the answer I was expecting was a ''Yes'' or ''no'', but, I could't work out from all that's written above what the correct answer is, ie Yes or No.

I came back to check this thread but could not find it, having gone through it again I am still uncertain if PCNS are statute bared or not!

Sorry you thought ''I did not like the answer'' I simply could not understand, and still cannot, if PCN's are statute barred or not, maybe you can help with a ''Yes'' or ''No''....please consider that a question.

The answer isn’t as simple as “yes” or “no”, for the reasons set out in LFI and Dodgeball’s posts.

So, what actions have the council(s) taken?

Depending on if they issued NtO’s (and when), and then any subsequent order(s), they might be able to go back to a Court and ask for a fresh warrant of execution.

If a court might be minded to issue such a warrant will likely depend on why they have allowed 6 (or is it now 7!) years to elapse. Do you know why? (For example if they had no knowledge of your current address to pursue you & have only now come into such information it is more likely ‘just and fair’ for them to do so than if they had had your address, you’d had assets, and they’d just not bothered).

If you didn’t understand a year ago, why didn’t you ask for clarification then?

What is/are NtO's?

Notice to Owner. If you had more than one ticket, Notices to Owner.

As per MB’s reply.

Why not detail what has happened, what you’ve received and when, and you might get focused, reliable advice based on the facts of the situation, rather than you and respondents playing guesswork?

Seconded. In general though, even if the limitation act did potentially apply, I'm not sure when in practice things would ever take so long but ultimately still result in enforcement that it would even become a question.

Even the least competent LA (for which there are many competitors) with the smallest parking department and the longest delays is going to 'press the button' which issues an NTO before the 6 month period for doing so expires. And after that if you don't intervene it's all automatic and things will very quickly escalate to the Order for Recovery stage which in turn will very quickly escalate to the bailiffs.

I've only ever had 1 PCN which the LA didn't try to pursue. In that case I got a ticket on my (very obviously crash-damaged and written off) car the day before I scrapped it, and I never heard anything more about it.

Likely when they tried to use the registration number to trace the registered keeper and send the NTO all they got was that the vehicle didn't exist and so the ticket went nowhere. That was 10 years ago.

And I suspect if I was ever going to hear anything more about it then I would have done a long time ago and so in practice it remains the case that it will never come down to needing to consider the limitation act.

What is happening in your case that thinks you might need it?

What is happening in your case that thinks you might need it?

I am ready to start a claim against a council, there were PCNs but they are over 6 years ago.