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
I am writing regarding your Notice to Keeper / parking charge notice [reference] dated [date]. I must draw your attention to a fundamental legal error in your claim. The Protection of Freedoms Act 2012, Schedule 4 — which you appear to be relying upon to transfer liability from the driver to the registered keeper — does not extend to Scotland. This has been confirmed by legal authorities and is well-established. As there is no Scottish statutory equivalent of POFA, you have no legal basis to pursue me as the registered keeper of vehicle [registration] unless you can identify me as the driver at the time of the alleged contravention. I was not the driver on this occasion. I am not obliged to name the driver. You cannot establish keeper liability in Scotland. This charge should be cancelled immediately.
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