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
Dear [Private Operator], Re: Parking Charge Notice [NUMBER] This notice has been sent to me as the registered keeper of vehicle [REG]. I write to inform you that: 1. The Protection of Freedoms Act 2012 does not apply in Scotland and you have no statutory keeper liability mechanism. 2. I was not the driver of this vehicle at the time of the alleged contravention. 3. Under Scots law, you must identify and pursue the driver — not the registered keeper. 4. I will not identify the driver and I am not liable for this charge. If you believe you have a cause of action, you must raise proceedings in the Sheriff Court against the driver. Any further letters directed to me as keeper will be filed without response. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Protection of Freedoms Act 2012 (England and Wales only)
- Scots contract law principles