legalUK · ScotlandDifficulty: easy
No Keeper Liability in Scotland
POFA 2012 Schedule 4 does NOT apply in Scotland. Private parking operators cannot pursue the keeper - they must identify and sue the driver.
Legal basis
POFA 2012 Schedule 4 applies only to England & Wales. Scotland has no equivalent keeper liability provision.
How to identify this in your case
If the parking event occurred in Scotland and you are being pursued as keeper (not driver), you have a complete defence.
Sample appeal wording
I am the registered keeper of the vehicle but the alleged parking contravention occurred in Scotland at [LOCATION]. The Protection of Freedoms Act 2012 Schedule 4, which creates keeper liability for parking charges, applies only to England & Wales and does not extend to Scotland. In Scotland, you must identify and pursue the actual driver. I was not the driver at the time in question and have no legal liability as keeper. Please cease all correspondence.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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