Attorney acting for keeper under Scottish power of attorney
In Scotland, if the registered keeper has granted a continuing or welfare power of attorney that is registered with the Office of the Public Guardian (Scotland), the appointed attorney has the legal authority to manage the keeper's property and affairs — including dealing with a parking charge notice on their behalf. The parking operator or council must accept correspondence from the registered attorney and direct all replies to that attorney. Refusing to deal with the registered attorney and instead communicating directly with the keeper — whose mental capacity may be impaired — is a breach of the rules that govern this type of legal arrangement.
Legal basis
Adults with Incapacity (Scotland) Act 2000 ss.15, 16; UK GDPR Article 6
How to identify this in your case
You hold a registered Continuing/Welfare Power of Attorney (POA) for the keeper.
Sample appeal wording
Dear [COUNCIL / OPERATOR], Re: PCN [PCN_NUMBER], registered keeper [NAME] I write as the registered Continuing Power of Attorney for [NAME], registered with the Office of the Public Guardian (Scotland) on [REG_DATE], OPG reference [OPG_REF]. A copy is enclosed. My powers under section [SECTIONS] of the Power of Attorney instrument include [PROPERTY/FINANCIAL/WELFARE] decisions and authorise me to act in this matter. [NAME] [has limited capacity / suffers from dementia / etc., as confirmed by enclosed medical evidence]. All correspondence on this matter should be addressed to me at [ATTORNEY ADDRESS]. Engaging directly with [NAME] in light of impaired capacity is contrary to the principles of s.1 of the Adults with Incapacity (Scotland) Act 2000 and to UK GDPR Article 6. I make formal representations under [reg 8(1) SSI 2021/177 / the Designation Order representations procedure] on behalf of [NAME]: [SET OUT GROUNDS]. Yours faithfully, [ATTORNEY NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Adults with Incapacity (Scotland) Act 2000
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