Keeper Liability in Scotland: Transport (Scotland) Act 2019

The_Slithy_Tove

The Transport (Scotland) Act 2019 got Royal Assent on 15 November, so presumably is now in force in Scotland. Part 8 (sections 90-108) gives a PPC the opportunity for keeper liability, just as POFA does in England and Wales. Threads are beginning to appear relating to Scottish parking charges after this date, so the advice clearly changes. Ignore is no longer an option.

Looking at the actual legislation (Part 8, Sections 90-108), it appears that much of the detail that is in POFA is missing, and that detail is a moveable feast according to what Scottish Ministers decide. For example, what needs to be in a Notice. Several sections say

The notice contains such information as the Scottish Ministers may by regulations prescribe.

Or for evidence which must be provided:

The Scottish Ministers may by regulations prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper

Currently, I am guessing (and can't find) any such regulations relating to the notices or the signage (which also allows the Scottish Minister to enforce conformance) don't exist. This means, at present, the Notices don't need to give any information at all relating to specifying properly the time/date/reason for the charge, or that liability can be shifted, as is necessary in England and Wales. So it's pretty much impossible to say a notice does not conform to the Act.

Anyone in Scotland care to contact their MSP to ask when these regulations are going to be in place, and what it means until they are?

Incidentally, the parts about hire cars also insists that the hire company send (amongst other things)

a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer

Given the current wording of most car hire agreements, this is likely to be an immediate fail.

I guess this'll all take time to bed down, just as POFA did.

Fruitcake

Someone else posted that this had received royal assent, but gave no other details so thanks for the additional information.

The other creepy crawly in the ointment is that as far as I know, PoPLA is not available for keepers in Scotland, so already there is an issue about not having an independent appeal system in place.

As far as I can tell the ADR Act 2015 covers the whole of the UK which means a keeper in Scotland can now be held liable for a private parking charge, but does not have access to an independent appeal process.

Ms Sturgeon keeps banging on about being independent from the rest of the UK yet is party to implementing worse laws than we have south of the border.

I believe the new act you mention also includes a section about introducing a levy for parking at work. You couldn't make it up.

The_Slithy_Tove

Fruitcake wrote: »

Ms Sturgeon keeps banging on about being independent from the rest of the UK yet is party to implementing worse laws than we have south of the border.

I believe the new act you mention also includes a section about introducing a levy for parking at work. You couldn't make it up.

Scots law is often ahead of and more enlightened than English law. Only here are they playing catch-up.

Haven't read the rest of the Act, but if it's akin to England, then here there is already provision to be able to charge for workplace parking. It's just very few authorities have taken it up, lest it frighten employers into relocating elsewhere.

Radgieweegie

Hi folks sorry to jump on this thread, just in a bit of a jam and would like some input. I've received a letter before action today from Gordon and Noble, referring to parking charges from 2019. Even though keeper liability is now a thing in Scotland would it apply to these charges as they were from 2019 prior to the new law? Any help would be greatly appreciated. 

Redx

I dont think the law has been enacted yet , plus its not retrospective, so if the driver has not been divulged then the keeper has no liability in scottish law, yet

it wont be retrospective either, plus I do not believe that keeper liability in scotland will be enacted until the new BSI CoP becomes enacted, later this year most likely. I think that Scotland did what they did expecting quicker action on the new CoP, which didnt happen

so this letter of yours can probably be ignored, but do not ignore any letters from the sheriff or any claim under your simple procedures system

if the driver has been divulged, then all bets are off and the claim could arrive as a driver can be held as liable and be taken to sheriff court

Radgieweegie

The driver is and will remain unnamed. I really appreciate your speedy reply here. The act received Royal assent in November 2019 according to the Scottish government website. If you wouldn't mind, what does the BSI CoP stand for?

I really want to stand my ground but this is the most ominous letter yet.
Thanks again. 

Redx

BSI = British Standards Institute , top return in GOOGLE

CoP is in the newbies thread post 5 , top of this forum = Code of Practice

the MHCLG (dont ask, GOOGLE) passed it to the BSI who are currently dealing with it to produce the final version after consultations THAT WILL APPLY TO ALL THE UK EXCEPT N.I.

so although it received royal assent like the Parking Bill 2019, it doesnt mean they are enacted and in force, yet

https://forums.moneysavingexpert.com/discussion/6155021/private-parking-code-of-practice-public-consultation/p1

I believe they will be enacted on the same day, and not retrospective

nb:- the people in Scotland will have a lot of learning and catching up yo do when they are both enacted and the pcn,s come rolling in

I suggest that you start learning now, in preparation for the deluge of tickets that will be sent and adjudicated on by ADR etc

Radgieweegie

Thanks so much. If I can ask, you're saying the law won't be retrospective. What is it that makes you suspect this will be the case? 

Radgieweegie

Additionally, I had been tempted to contact the dca to ask them to show me what evidence they had from the days of the alleged breaches of contract. Is this a good idea or worthwhile? 

Redx

new laws are rarely retrospective, they usually apply from the enacted date going forward

its that simple

its like the stamp duty change last week was not retrospective, it only applies from the date the chancellor announced it until the deadline date in march next year

if they announce petrol goes up from 6pm tonight, its not gone up at 5pm tonight

it would be more complicated to make it retrospective because of the rules that apply at the time, hence why these matters normally start from a date and go forward from that date, so that the new rules come into force from that date

you will have seen this happen in all the recent pandemic changes, where a date is set for a barbers reopening, or a dentist , or an indoor swimming pool etc

KeithP

Radgieweegie said:

Additionally, I had been tempted to contact the dca to ask them to show me what evidence they had from the days of the alleged breaches of contract. Is this a good idea or worthwhile? 

The debt collector has no evidence.

The debt collector has not power.

Forget about any debt collector.