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Live cases legal advice => Private parking tickets => Topic started by: Stevot on June 19, 2025, 11:58:07 am

Title: Re: Response to completed letter of claim
Post by: DWMB2 on June 19, 2025, 09:23:18 pm
Another point, if the matter remains unclosed. You haven't said when the relevant parking event was - if there's a long while to go before the 6 years, then if you move house before such time as the 6 years has expired, you should write to the parking company and Moorside and inform them of your new address for service.

Whilst this may seem like prodding the hornets' nest, it is preferable to them issuing a claim to your old address and you ending up with a judgement in default.
Title: Re: Response to completed letter of claim
Post by: Stevot on June 19, 2025, 07:09:47 pm
Perfect thankyou for the time and trouble to respond.
Confirms and augments what I thought

Once again thankyou
Title: Re: Response to completed letter of claim
Post by: b789 on June 19, 2025, 06:56:05 pm
In theory, yes. They have six years from the date of the alleged parking contravention to issue a court claim. This six-year period comes from the Limitation Act 1980 and applies to most debt and contract claims, including private parking charges. That means they can issue a claim at any point within that time window, regardless of whether you responded to their Letter of Claim or not.

You are not entitled to a response to your Letter of Claim reply, even though you supplied strong evidence and clearly disputed the charge. The Pre-Action Protocol for Debt Claims encourages proper engagement and disclosure, but it does not impose a strict deadline on the claimant to respond or take action. Their silence does not mean the matter is closed, and it does not prevent them from issuing a claim later.

The fact that they have not provided the signage evidence you requested for over six months may support an argument that they are behaving unreasonably or abusing the process, particularly if they later try to issue a claim based on evidence they previously withheld. If a claim is issued, you can raise this delay and lack of disclosure as part of your defence and argue that they failed to follow the pre-action rules. In some cases, this might justify asking for costs under CPR 27.14(2)(g), even though small claims usually do not allow costs awards.

However, there is no way to force them to act now or to impose a deadline. You cannot apply to strike out a potential claim that has not been issued. You also cannot get the matter formally closed unless they confirm in writing that they are dropping it. They are allowed to wait, even for years, before issuing a claim.

If you are feeling particularly 'punchy' and to try and prompt closure or protect your position, you can send a letter giving them a final 14-day window to either issue a claim or consider the matter closed. This would not prevent them from issuing a claim later, but it would give you something on record to show that they have behaved unreasonably if they attempt to resurrect the issue long after going silent.

So, yes, they have up to six years to take court action. No, there is no time limit forcing them to provide evidence or respond. You may have to sit it out unless they confirm they are dropping it. Their silence and failure to provide evidence strengthens your position if they do try to proceed later.

You have to decide whether you want prod them or want to leave it dormant.
Title: Response to completed letter of claim
Post by: Stevot on June 19, 2025, 11:58:07 am
Hi

I received a L.O.C from moorsides legal in regard to a PCN issued by UKPS.

This l.o.c was completed and returned last December (2024)
My contention was/is there was no signage at the entrance. I have categoric proof this is the case.
Moorside legal said that they had asked their client for details of signage. To date over six months later, I have not had any response, this is because they cannot provide evidence.

My question is, do I just hav to sit it out for the full six years or is there a time limit for them to either provide evidence or initiate court proceedings please