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6 Year Statute of Limitations on Parking "contracts"

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  • 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!


    • #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.


      • #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


        • #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.


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


            • #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.


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


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


                  • #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.


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


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