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Scotland — Keeper Liability: Protection of Freedoms Act Does Not Apply in Scotland

The Protection of Freedoms Act 2012 (PoFA), which creates keeper liability for private parking charges in England and Wales, does not extend to Scotland. Private operators in Scotland therefore cannot use the keeper liability mechanism to pursue the registered keeper instead of the driver. They must identify and pursue the actual driver. If they cannot identify the driver, they have no cause of action against the keeper.

Legal basis

Protection of Freedoms Act 2012 (England and Wales only); Scots law of contract (operator must establish contract with the actual driver)

How to identify this in your case

You are the registered keeper but were not necessarily the driver of the vehicle in Scotland when the private PCN was issued. If the operator cannot prove who was driving, they have no claim against you as keeper under Scottish law.

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. The operator therefore has no statutory keeper liability mechanism. I was not the driver of this vehicle on the date in question. The operator must identify and pursue the driver. I will not identify the driver and am not liable as keeper.

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Scotland — Keeper Liability: Protection of Freedoms Act Does Not Apply in Scotland

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps