Keeper Liability Scotland...

Azzurri82

I'm trying to get an answer on this and can't see it mentioned anywhere.

Can anyone clarify whether Keeper Liability has been brought into force in Scotland as of yet?

I understand the 2019 Transport (Scotland) Act proposed it, but a question to the Scottish Parliament from March this year suggested that it hasn't yet come into force?:



"Question reference: S6W-06095

Asked by: Paul McLennan, East Lothian, Scottish National Party
Date lodged: 4 February 2022

Question

To ask the Scottish Government, regarding the Transport (Scotland) Act 2019, whether the keeper liability provisions, whereby the registered keeper of a vehicle is liable for the payment of a parking charge notice, resulting from parking on private land out with the conditions displayed, if the car's driver at the time cannot be identified, have come into force, and if this is not the case, by when it anticipates they will be commenced.

Current status: Answered by Jenny Gilruth on 3 March 2022

---

Answer

Transport Scotland, as part of the implementation of the Transport (Scotland) Act 2019, has been working on the liability provisions contained within Part 8 of the Act which will bring into force Keeper Liability across Scotland.

I can advise that Part 8 (Recovery of unpaid parking charges) of the 2019 Act has not yet been implemented and there is still a significant amount of challenging and complex work to be undertaken before this part can become law.

Work on the secondary legislation programme is progressing and Parliament will be updated in due course."

Although my understanding is that it was/is to be brought in at some point in 2022 - haven't been able to find out conclusively whether this is the case?


Regards

Coupon-mad

It hasn't.  Not yet.

Keeper liability will come in when there is a Single Appeals Service in place as part of the Parking (Code of Practice) Act 2019.

In a year or two.

The Code was blocked this year  by the parking industry with two (maybe three) Judicial reviews.

Fruitcake

Keeper liability is not yet law in Scotland. It is likely to be active next year when the new mandatory parking code of practice is ratified with all its supporting legislation including independent appeals process and charter.

Scottish motorists and Scottish courts are in for a rude awakening when this English and Welsh law is imported north of the border, despite your Dear Leader saying she want's independence from the rest of the UK.

Azzurri82

So if that's the case, and you appeal as registered keeper but not identifying the driver, there's nothing they can do to enforce the PCN?

Do they have to drop the demand, or can they then send it/pass it on to a debt collector?

Coupon-mad

They can do what they want in terms of silly letters but are highly unlikely to try the Scottish Simple procedure for a single PCN.

Different with multiple PCNs so don't rack them up!  Google Carly Mackie parking (a cautionary tale about a naive defendant).

No-one is saying there is NOTHING they can do. Search the forum for Scotland parking Simple Procedure and you will find a handful of Scottish cases seen here. Very rare. Relax.

patient_dream

And to add, parking companies, the idiot debt collectors and very dodgy legals, know all about Scotland ........ they are just hoping you don't know ?  You do now

As coupon says above, read up on the Carly Mackie case. VCS one of the parking companies were after £thousands and they won
Then Carly went bankrupt .... BOOM BOOM ..... that was a waste of time

Azzurri82

Without going into too many specifics, there's around 400 pounds worth of PCNS at the first stage here - accrued over a couple of weeks.

It's a supermarket car park that just had the signage/cameras etc. put up recently.

patient_dream

Azzurri82 said:

Without going into too many specifics, there's around 400 pounds worth of PCNS at the first stage here - accrued over a couple of weeks.

It's a supermarket car park that just had the signage/cameras etc. put up recently.

Have you not complained to the Supermarket to get these cancelled.  Dates of the tickets V date of when the signs were put up is important.

It would be helpful to know who the PPC is as they all have different quirks

Azzurri82

UKPC - haven't complained to retailer yet.

patient_dream

Azzurri82 said:

UKPC - haven't complained to retailer yet.

I suggest you complain to the retailer. You will see PLAN A in the Newbies thread

UKPC and scotland don't mix.
A couple of years ago via a legal called CST Law, UKPC hit scotland and all hell was let loose with MP's

So you understand, reading this thread will give you some idea about UKPC
https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

UKPC tend to now use DCBL and as their claims are mostly rubbish, they end up in the trah can as you can see in this thread

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

And if you start getting debt collector letters, probably DRP, just ignore their raw sewage

Get these cancelled using PLAN A

Coupon-mad

Complain to the retailer.

I hope this isn't a case of a driver routinely leaving their car at a retail park while they went to work all day, or similar.  It's exactly that sort of 'trespass parking' that has caused Scotland to plan to bring in keeper liability.  And this is what causes retailers to bring in the likes of UKPC.

Why did the driver ignore or not see the signs? It's not safe to do that in Scotland.  Were the signs not clear?