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
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Protection of Freedoms Act 2012 s.56 (territorial extent)
- Scots law privity of contract principles
Related appeal grounds
- Aberdeen LEZ: Special Vehicle Local Exemption
- Advisory bay has no legal force behind it
- Airport Land Isn't "Relevant Land" — They Can't Pin the Driver's Charge on You as Keeper
- Appeal to an Independent Tribunal
- Bath Clean Air Zone discount not applied to your charge
- Birmingham CAZ — NHS Worker / Hospital Visitor Exemption