Keeper or driver lacked mental capacity (Scotland)
In Scotland, an adult who cannot make decisions because of a mental disorder or an inability to communicate is said to lack capacity. If the registered keeper or driver was such a person — for example someone with dementia, a severe mental illness, or a significant learning disability — they cannot legally be bound by a parking contract, so the charge cannot be enforced against them. If a guardian has been officially appointed to manage that person's affairs, only the guardian has authority to deal with matters relating to the vehicle. Separately, if a carer or family member used the keeper's vehicle without the keeper's agreement, the keeper did not consent to that use and cannot be held responsible for the charge.
Legal basis
Adults with Incapacity (Scotland) Act 2000 s.1, s.57, s.58; Scots common law of capacity to contract
How to identify this in your case
Keeper/driver is an incapax adult; or vehicle was driven by carer / family member without keeper's consent.
Sample appeal wording
Dear [OPERATOR / COUNCIL], Re: PCN [PCN_NUMBER], registered keeper [NAME] I write as [welfare guardian / power of attorney / family member with [relevant authority]] for [NAME], who is an incapax adult within s.1 of the Adults with Incapacity (Scotland) Act 2000. [NAME] suffers from [DEMENTIA / LEARNING DISABILITY / etc.]. Evidence enclosed: certificate of incapacity / Sheriff Court guardianship order [REF] / power of attorney registered with Office of the Public Guardian (Scotland). [NAME] does not have capacity to enter into a contract. Any purported contract for parking on private land formed in their name is voidable for want of capacity (Scots common law). [If applicable: the vehicle was used by [DRIVER] without [NAME]'s consent — care worker / relative / etc.] Please cancel the PCN. If you have any further query, address it to me as [welfare guardian / attorney]. Yours faithfully, [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
- Scots common law of capacity
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