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Parking Charge Statute of Limitations — 6 Years

By GetRighted Legal Research TeamLast updated July 2026

Summary

Under the Limitation Act 1980, s.5, claims in contract must be brought within 6 years of the cause of action arising. For private parking charges, the cause of action arises on the date of the parking event — so operators have 6 years to issue a county court claim. In practice, most operators either sue within 2–3 years or abandon the claim. A claim issued after the 6-year period can be defended on limitation grounds. Note: council PCN enforcement through the Traffic Enforcement Centre has different rules and is not subject to the 6-year civil limitation period.

Limitation Timeline

How the 6-year limitation period runs for private parking:

  1. 1Day 0: Parking event — cause of action arises
  2. 2Year 1–2: Operator and debt collectors issue letters
  3. 3Year 2–3: Most operators issue county court claims or abandon
  4. 4Year 6: Limitation Act 1980 s.5 deadline — claims issued after this are time-barred
  5. 5After year 6: Raise limitation as a defence if a claim is issued

Limitation Is a Defence — Not an Exemption

The 6-year period does not automatically extinguish the debt — it prevents the court from enforcing it. If an operator issues a claim after 6 years, you must actively raise the limitation defence by filing an acknowledgement of service and then a defence citing Limitation Act 1980 s.5. If you do not raise it, the court may enter judgment even on a time-barred claim. Do not ignore court papers.

If You Receive a Court Claim on an Old Parking Charge

Act immediately on any county court claim:

  • ✓Note the date the claim was issued (on the claim form) — not the date you received it
  • ✓Calculate the date of the original parking event — is it more than 6 years before the claim date?
  • ✓File an acknowledgement of service at the court within 14 days of receiving the claim
  • ✓Prepare your defence: include Limitation Act 1980 s.5 if more than 6 years have elapsed
  • ✓File your defence within 28 days of the claim (or 28 days from acknowledgement of service)
  • ✓Do not ignore the claim — a default judgment will be entered if you do

The Law

Limitation Act 1980, s.5: 'An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.' For parking charges, this is 6 years from the parking event date. Civil Procedure Rules, r.15.5: a defendant must file an acknowledgement of service within 14 days of service of the claim form. CPR r.15.4: defence must be filed within 14 days of service (or 28 days if acknowledgement is filed).

Sources

  1. Limitation Act 1980, Sections 5 and 29
  2. Civil Procedure Rules, Parts 15 and 16
  3. Protection of Freedoms Act 2012, Schedule 4

Frequently Asked Questions

A parking charge from 5 years ago has resurfaced — can I be sued?
Yes, until 6 years from the parking event. At 5 years, the operator is still within the limitation period. If they issue a claim, you can still defend on the substantive grounds (POFA, signage, etc.) even though the administrative appeal routes are long closed.
Does the limitation period reset if I made a payment or acknowledged the debt?
Possibly. Under Limitation Act 1980 s.29, a written acknowledgement of the debt or a part payment can restart the limitation clock. Do not write anything that acknowledges the debt is owed if you want to preserve a limitation defence.
Can a parking operator get a CCJ after 6 years?
No, if you raise the limitation defence. However, if a claim is issued before 6 years and you do not respond, a default CCJ can be entered even on a potentially weak claim. Always respond to court papers.
Is the 6-year rule the same for council PCNs?
No. Council PCNs are enforced through a statutory route (Traffic Enforcement Centre / TEC) that is not subject to the Limitation Act 1980 civil limitation period in the same way. Councils can register debt at TEC and enforce via bailiffs through a different process with its own rules.

Related

  • pofa-non-compliance
  • inadequate-signage
  • late-notice

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