Transport Scotland act 2019 part 8 keeper liability - is it law?

Trixibabes

Hi.  Can anyone advise if part 8 of the Transport Scotland Act 2019 has been made law yet? I can’t find an updated thread beyond 2022 when it was expected that it would be 2023 that it would be enforced.  Specifically, I am looking at keeper liability for private parking fines as I have been issued with one this week.  If I ignore the fine now and the law, for example comes into force within the next 2 years, would I then be liable at that point to pay the historic fine as a registered keeper?

Iceweasel

Still not law - yet.

Not a fine.

No chance of it being retrospective.

Coupon-mad

Indeed.  Not in law yet.

Been discussed loads of times.  It'll come in with the new Code of Practice which has also been discussed to death and work continues this year.

Reindeer001

So, does this mean you can just completely ignore the PCN or do you need to say your not the driver and then refuse to give the drivers details?

Fruitcake

Reindeer001 said:

So, does this mean you can just completely ignore the PCN or do you need to say your not the driver and then refuse to give the drivers details?

Keeper's in Scotland and Northern Ireland can safely ignore PCNs from unregulated private parking companies, but they should always complain to the landowner and their MSP or NI Assembly representative and the NI Consumer Council.
Scottish keepers should not ignore PCNs once the Transport Scotland Act becomes live.

Reindeer001

Fruitcake said:

Reindeer001 said:

So, does this mean you can just completely ignore the PCN or do you need to say your not the driver and then refuse to give the drivers details?

Keeper's in Scotland and Northern Ireland can safely ignore PCNs from unregulated private parking companies, but they should always complain to the landowner and their MSP or NI Assembly representative and the NI Consumer Council.
Scottish keepers should not ignore PCNs once the Transport Scotland Act becomes live.

Thanks for this. I’m specifically looking at a PCN issued by UKPC in Scotland. They got keepers details from the DVLA. 

oldernonethewiser

No Keeper Liability in Scotland yet so UKPC having keeper's details matters not.

patient_dream

UKPC know all about Scotland .... a few years ago, they scrwed by CSTLAW as the the CST GROUP THREAD shows

UKPC think you are a mug, now you are on this forum they will understand how foolish they are

tanzm

Help...does anyone know if this is law yet?
I'm trying to read and understand the Transport Scotland Act but I'm losing the will!  I have 1 charge as I overstayed parking fee paid by 20 mins and my daughter who is just learning to drive has received 1 charge as I was driving her car and stupidly put in my own car registration into the machine when paying for the ticket!! 

Umkomaas

tanzm said:

Help...does anyone know if this is law yet?
I'm trying to read and understand the Transport Scotland Act but I'm losing the will!  I have 1 charge as I overstayed parking fee paid by 20 mins and my daughter who is just learning to drive has received 1 charge as I was driving her car and stupidly put in my own car registration into the machine when paying for the ticket!! 

Not yet. If both your charges are from private parking firms (rather than council-issued), in Scotland, you can safely ignore them, provided you don't reveal the identification of the driver.

Coupon-mad

tanzm said:

Help...does anyone know if this is law yet?
I'm trying to read and understand the Transport Scotland Act but I'm losing the will!  I have 1 charge as I overstayed parking fee paid by 20 mins and my daughter who is just learning to drive has received 1 charge as I was driving her car and stupidly put in my own car registration into the machine when paying for the ticket!! 

Of course we know! Expert parking law pedants here, all over it. No, it's not law yet.

You do realise if you put in a wrong reg, if this was a BPA member then they have to offer £20 settlement anyway (major keying error - see the BPA CoP) but after the law changes that will be NOTHING in all cases of 'keying errors'.

Not that I'd pay £20 but just telling you that a keying error isn't anything to worry about.

No need to panic and anyway, you know from the NEWBIES thread that the complaint to the landowner/retailer is Plan A in all cases and usually sees PCNs cancelled quickly.