Parking Charge to Keeper - Scotland specific

carkeeper

No letter to Driver received but received a "Parking Charge to Keeper" letter from NCP asking for £80 for overstaying parking time. The letter states "..At the time of this we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle: (my paraphrasing)You are invited to Pay the unpaid parking charge OR Name the driver and their address for service"

I've spent quite some time researching but have some concerns about the validity/timing of advice being current viz the situation in Scotland for an act from 2019 not yet implementing rules for keeper liability etc

Parking took place 22nd May 2026 in Dundee. The PCN letter states date of sending notice is 10/6/26 and the letter was delivered on 13/6/26. ANPR has been used to identify a car plate as evidence.

Reading this forum and other sources, I believe that "Schedule 4 to the Protection of Freedoms Act 2012" pertains and is valid in Scotland.

The gap between the parking date and date of sending is 19 days possibly 21 if allowing for postal delays.

NCP have failed to notify the Keeper within the required 14 days and therefore the notice is invalid/void.

Is this correct? Can someone suggest an appropriate appeal response to this effect? (see below for words found on another site)

Additionally, I believe from my reading that, in Scotland, liability for the driver does not transfer to the keeper (this appears to be the case in 2022 but is it still the case in 2026?) Obviously NCP have already stated they do not know the Driver details and are trying to imply liability transfers to the Keeper. Is that even allowed in Scotland? Even if liability did transfer to the Keeper, I assume the failure to notify the keeper within 14 days makes that liability void?

And finally, can someone confirm, as Keeper of the vehicle: Keeper is under no legal obligation whatsoever to identify the Driver as requested by NCP - Is this correct? If so can someone share a suitable set of words to that effect that can be used in making an appeal please?

Suggested words for appeal found on another internet site - can anyone suggest an improvement or better template?

"The operator has failed to serve the Notice to Keeper within the period required by paragraph 9(4)(b) of Schedule 4 to the Protection of Freedoms Act 2012. The vehicle was on the relevant land on 22/05/2026.
The Notice to Keeper being sent is dated 10/06/2026 and was not received until 13/06/26, being 19 calendar days after the alleged contravention. As service by second-class post is not deemed effected until 2 working days after posting (Interpretation Act 1978, s.7), the operator has not complied with the requirements of Schedule 4 and is not entitled to recover any sum from me as registered keeper pursuant to paragraph 4(1) thereof."

Thanks in advance for any advice.

Woodstok2000

POFA schedule 4 does not apply in Scotland, there can be no transfer of liability to the keeper. Simply remind them if that fact, and advise them you will not be identifying the driver. Ignore anything further unless it's an official court notice.

Umkomaas

👆👆 Good advice. No keeper liability in Scotland, no obligation on the keeper to identify the driver. Ignore it, or send an appeal stating PoFA doesn’t apply in Scotland, so they need to contact the driver. You won’t be helping them with that. You expect a cancellation by return!

Your draft appeal (above) is barking up the wrong tree, so forget that one.

Coupon-mad

"Reading this forum and other sources, I believe that "Schedule 4 to the Protection of Freedoms Act 2012" pertains and is valid in Scotland."

Dunno what you've read but it certainly doesn't apply in Scotland!

It will do in a year or so.

Nellymoser

As others have rightly said it's not yet valid in Scotland, see here https://www.gov.scot/publications/foi-202500476004/

carkeeper

https://forums.moneysavingexpert.com/discussion/comment/82037604#Comment_82037604

Oddly enough MSE's own car charge AI told me that POFA applied in the whole of the UK including Scotland. It also appeared to be confirmed on the 'ParkingDefender' website too.

carkeeper

Thanks for the comments above, I propose to send the following text as an appeal is there anything extra or better that I should add?:

Parking took place within Scotland. Any Keeper liability for charges is covered by Scottish Law.

Section 8 of the Transport (Scotland) Act 2019 has not yet been commenced. See: https://www.gov.scot/publications/foi-202500476004/ .

Therefore NCP CANNOT legally transfer liability for parking charges to me as keeper of the vehicle.

I dispute your parking charge, since as the keeper of the vehicle there is NO liability.

I expect you to cancel this notice immediately and confirm cancellation by return.

I note in your 'Parking Charge to Keeper' letter you state the following:-
"We National Car Parks Limited are the creditor. At the time of this we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle YOU ARE NOW INVITED TO...."

You have clearly stated in your letter with this text that you cannot identify the driver of the car.

I deny any liability or contractual agreement, and there will be no admission as to who was driving and no assumptions can be drawn.

Please confirm cancellation of this charge by return as requested above.

Coupon-mad

Very good!

carkeeper

As a postscript to the above, NCP responded with a letter dated 23rd June as follows:

"Further to your appeal received on the 18/06/2026 regarding to the above Parking Charge.

Your appeal has been reviewed and has been considered in conjunction with the evidence gathered by our Automatic Number Plate Recognition cameras which record your entry and exit times. Having considered the content of your letter this notice has been cancelled.

Please ensure you take account the displayed terms and conditions of parking, to ensure that do do not receive and further Parking Charges."

So Charge to Keeper has been cancelled. I note no acknowledgement that they had no leg to stand on trying to get the keeper to pay in Scotland and of course still try to imply that they had ANPR evidence which was clearly inconclusive as stated in their original letter.

Thanks to all who responded earlier, your help was much appreciated.

Umkomaas

Nice one. Well done. 👍

Coupon-mad

Nicely done @carkeeper 😃

Be aware though, that Scotland is getting 'keeper liability' next year sometime, under a final section being enacted of your Transport Act. Things will change.