Scotland — Adults with Incapacity (Scotland) Act 2000: incapax driver/keeper
Adults with Incapacity (Scotland) Act 2000 governs decisions for adults who lack capacity to make them. Under s.1(1)–(6), an 'adult' lacks capacity if they cannot make decisions due to mental disorder or inability to communicate. Where the registered keeper is an incapax adult (dementia, severe mental illness, learning disability), they cannot enter into a contract (Scots common law of capacity). A guardian appointed under s.57 (intervention/guardianship order) or s.58 (welfare guardianship) may have authority to deal with the vehicle and parking but the incapax adult has no contractual liability. Different from England's Mental Capacity Act 2005 — the Scottish Act has no equivalent of the 'best interests' test for contracts. Practical defence: where an incapax person is the keeper or driver, the parking charge is unenforceable in contract; where care home or family member used the keeper's vehicle without consent, the keeper has the s.59(2) Civic Government 'taken without consent' equivalent in Scots private law (no consensus to use).
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