Scotland Parking Fine - Registered Keeper wants to name driver

Rusty14

This is in Scotland. The registered keeper had received a parking fine for the driver overstaying in a car park which he thought was free. He is a new driver, and this was a genuine mistake, only discovering the signs when returning to the car. The signs are placed all around the car park and do clearly state the conditions of the car park however.

The registered keeper does not want to be liable for any fines or have his name attached to the fine despite the driver doing research and telling him he cannot be held liable in Scotland as the registered keeper when he was not the driver. The registered keeper wants the driver to pay the fine or he will give them the driver's details.

This car park is one of many right beside each other for different retail parks/shopping centres and the driver believed it was all one big car park. However the driver did not visit any of the shops for which the car park was actually for on this day, despite intending to, as he only saw the sign when returning to put bags from the other shops away, and then had to leave after realising that he had overstayed. The driver did however return on another day (parking elsewhere of course) and visited these shops. He has contacted two of the store asking to cancel the ticket. Only one has replied saying that they and no other retailer have any control over this and advised to submit an appeal to the parking company. The driver admitted to being the driver, explaining his case, in these emails to the retailers, believing they had authority to get the parking company to cancel the tickets.

There is not long left before the reduced payment period ends. What is the best course of action for the driver to take here?

Cut losses and chalk it up to experience and pay the reduced fine now?
Submit an appeal - being honest about the situation and explaining the case?
Convince the registered keeper to submit an appeal with a template letter explaining as the registered keeper in Scotland they cannot be chased for the parking fee and to contact the driver but refuse to give their details?

What advice would you give?

Redx

Which PPC is it ?? (Because the reply depends on knowing who it is)

Usually a PPC rejects an appeal , regardless , no profit so no deal

The keeper can appeal as keeper , keeping stum about the driver's Identity

The keeper can name the driver , so the PPC issue the driver with a PCN and cancel the PCN issued to the keeper

A driver is liable for their actions throughout the UK , including innocent mistakes

If the keeper wants shut if this , they could extract the lower fee from the driver and pay it , other than that they should name the driver if the Keeper wants out

It will be the managing agent who has the power to cancel , not the retailers

Currently the PCN is in the keepers name , so technically the driver cannot appeal , not passing on the driver's details doesn't help a keeper , because the invoice in in their name , only a sheriff can decide the outcome

Umkomaas

You are in the last throes of no keeper liability in Scotland and the keeper has absolute protection - The Scottish Assembly is in the process of changing the rules, but they will not be retrospective. So why are you looking a gift horse in the mouth and seemingly determined to throw the driver under a bus?

If the only option you seem to want to embrace is to pay the parking company, it doesn’t matter whether it’s the keeper or the driver who coughs up, and if you’re that hell-bent on paying, why are you asking the forum for advice?

I’ll give you my advice, which will be echoed by any regular on the board, ignore the parking charge and any subsequent letters from debt collectors, don’t ignore the forum’s advice! You’re just so lucky in Scotland - but for hardly any time longer, don’t miss out and end up regretting it!

Fruitcake

The current advice in Scotland is for The Keeper to complain to the landowner/retail manager and to their MP about this unregulated scam, but to otherwise ignore it.

At the moment of posting, the driver is liable for this PCN, but only if the scammers know who it is.

The keeper is not liable under current Scottish legislation.

If the keeper ignores it, the scammers are stuffed as long as nobody is stupid enough to tell them who was driving.

Does the keeper really hate the driver so much that they want to throw them under a tram?

Please note that in a few weeks time when the idiots in the Scottish Parliament get their way by selling motorists down the river, this will all change such that someone who was not in the car at the time of the alleged event can be held liable and taken to court by a private company.
Great Britain will be the only place in the world that allows this to happen.

Scottish motorists and courts are not going to know what has hit them when the number of parking cases increases a thousand fold.

Coupon-mad

There is not long left before the reduced payment period ends.

Who cares, only a compete numpty would pay after coming here!

What is the best course of action for the driver to take here?

As per Redx, Umkomaas and Fruitcake's advice.

Cut losses and chalk it up to experience and pay the reduced fine now?

Obviously not, Where do you see that on this forum? Anywhere?!

Submit an appeal - being honest about the situation and explaining the case?

No.

Convince the registered keeper to submit an appeal with a template letter explaining as the registered keeper in Scotland they cannot be chased for the parking fee and to contact the driver but refuse to give their details?

No.

Complain to the landowner of course, as per the NEWBIES thread, which makes it crystal clear that complaints are to be tried in EVERY case, first.