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No POFA Equivalent in Scotland — Keeper Liability Not Established

The Protection of Freedoms Act 2012 (POFA), which allows private parking operators in England and Wales to pursue the registered keeper of a vehicle when the driver is unknown, does not extend to Scotland. Scottish private parking operators have no statutory mechanism to transfer liability from driver to keeper. Unless the operator can prove who was driving, they cannot lawfully pursue the keeper.

Legal basis

Protection of Freedoms Act 2012 (does not extend to Scotland); Scots contract law requires privity

How to identify this in your case

You received a 'Notice to Keeper' for a private parking charge in Scotland. The letter will typically reference POFA Schedule 4 or claim keeper liability — check whether the parking occurred in Scotland. If so, POFA does not apply.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

The Protection of Freedoms Act 2012 does not apply in Scotland. There is no equivalent Scottish legislation conferring keeper liability for private parking charges. As you cannot identify me as the driver at the material time, you have no cause of action against me as registered keeper. This charge must be cancelled.

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No POFA Equivalent in Scotland — Keeper Liability Not Established

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps