UKPA PCN

Captain711

Good Morning,

I recently received a PCN for a private car park in Scotland. 

I appealed using the helpful information on here, citing POFA and that I was not the driver, and would not be saying who was. 

The appeal was rejected: 'In your appeal, you claim that you were not the driver at the time of the incident. However, the Parking Charge Notice was issued in accordance with the terms and conditions clearly displayed at the location, which apply to any vehicle parked on the premises. Whilst we understand that the Protection of Freedoms Act 2012 does not apply in Scotland and therefore does not impose an obligation on the registered keeper to identify the driver, our position remains that the charge was correctly issued for a breach of contract with the landowner. As the registered keeper, you are receiving this notice because the vehicle was parked in contravention of the stated terms.'

I have been told I can either pay or appeal to POPLA. Any further advice would be greatly appreciated.

Many thanks

GrumpyDil

Pretty certain that POFA still doesn't apply in Scotland. 

Assuming that's correct they can sabre rattle as much as they want but as long as you don't disclose the driver details they cannot transfer liability to you under POFA.

Others will likely be along shortly to pad this out but I think an appeal to POPLA might win on the basis that the parking company do not know who was driving and cannot transfer liability to you as the keeper.

Coupon-mad

POFA does not apply until the statutory CoP comes in, but it won't be retrospective.

Totally ignore them. Including debt demands. You are untouchable. 

DjangoUnchained

is it not worth doing POPLA if offered it just to cost them money to issue it?

Coupon-mad

If you like! 

Captain711

Thank you very much everyone!