• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • Please note that LegalBeagles is a public forum and the main areas are accessible to all, and as such, please take care your username or posts do not identify you. There is no need to post claim numbers, names or precise amounts to get support with your case. When uploading documents please ensure that you have properly redacted your personal details. Thank you.

6 Year Statute of Limitations on Parking "contracts"

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 6 Year Statute of Limitations on Parking "contracts"

    Hi, I'm trying to find the legal definition of how the 6 year statute of Limitations works. If for example court proceeding are initiated before the 6 years but the court hearing only occurs after the 6 years what is the state of play? Is the parking contract dead and buried, or is it still active because proceedings were initiated before the 6 years. The current court case that BWLegal and Excel are pursuing against me has reached the disclosure questionnaire stage, to be followed by mediation and then (assuming mediation doesn't work) a court case....the likelihood of the court case being heard after the 6 years is almost certain.
    Any advice appreciated.
    Tags: None

  • #2
    Hard luck....time stops running when proceedings are issued!

    Comment


    • #3
      So are they claiming from the keeper and do they know the driver? A yes or No about the driver.

      This must have been for a parking event before October 2012 when there was no keeper liability and action could only be taken against the driver if they knew the identity of the driver. They are trying to get quite a few of these to court at the moment.

      Comment


      • #4
        No they don't know who the driver is. I,ve written and asked if they are prosecuting me as the driver or keeper...no reply

        Comment


        • #5
          Originally posted by des8 View Post
          Hard luck....time stops running when proceedings are issued!
          Thanks for that...will save myself looking like a fool in court.

          Comment


          • #6
            So if you want some help post up particulars of claim

            Comment


            • #7
              Originally posted by ostell View Post
              So if you want some help post up particulars of claim
              Hi my claim is already under another thread.
              BWLegal vs Me. I asked this question on that thread and had no replies so created another thread to see where the 6 year statute fitted in.
              The missing bit for me is where I can quote a source for there is no keeper liability as the alleged offence took place prior to the POF act.

              Comment


              • #8
                POFA came into force October 1st 2012. This is the legislation document that states this. or , probably better, this page.

                Comment


                • #9
                  Thanks for that.
                  On a simplistic level how would one state in court that there was no keeper liability prior to POFA?

                  Comment


                  • #10
                    Point out that they have not provided any evidence of who was driving and you could not be expected to remember after these many years, It was also before the legislation coming into force on October 1st 2012 hat permitted a claim from the keeper in cases where the driver was not known.

                    Comment


                    • #11
                      Thanks, that is the wording that was eluding me.

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                      Announcement

                      Collapse
                      No announcement yet.
                      Loading...

                      upgrade to vip

                      Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                      only £15/yr

                      Offers available. No subscription traps.

                      sign up now



                      Search and Compare fixed fee legal services and find a solicitor near you.

                      Find a Law Firm


                      Working...
                      X