Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: IP224 on August 15, 2025, 08:00:30 pm
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Very interesting, thank you very much for taking the time to reply.
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Do they need to prove it was parked?
Their more fundamental problem would be proving who was driving the car, in the absence of legislation allowing them to hold the keeper liable.
ANPR-based systems tend to take a picture when the car enters the car park and when it leaves. Whilst that doesn't show that the vehicle was parked, and the burden of proof rests with the claimant, unless a defendant could offer some evidence to show that it wasn't parked, evidence of a car entering a car park, spending a sufficient amount of time there, then leaving, would generally be enough to show that on the balance of probabilities the vehicle was parked during the intervening time. There are exeptions of course, but they're of little relevance here as this is a Scottish case and therefore will not be going to court.
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The odd think is the photos they provided on pnc shows the car clearly being driven on a road not parked in a space. Do they need to prove it was parked?
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Thanks, i’m leaving that out.
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I'd leave the POPLA line out entirely, as only the driver can appeal to POPLA in Scotland.
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Thank you, appreciate your time in replying.
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Should ignore or reply saying it is not enforceable? They know I am keeper as they sent it to me with ‘important notice to registered keeper’ on it. The company address was England, not that I suppose it matters.
Your choice, but previously the attached response has been suggested:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As there is no Keeper liability in Scotland, you are unable to hold the keeper of the vehicle liable for the charge. There will be no admission as to who was driving and no inference or assumptions can be drawn. ******* has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. ****** have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Modify to suit your circumstances and remove POPLA as appropriate.
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Should ignore or reply saying it is not enforceable? They know I am keeper as they sent it to me with ‘important notice to registered keeper’ on it. The company address was England, not that I suppose it matters.
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Thank you so much, I’ve looked up the act but I just couldn’t work out what was in force and what wasn’t.
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Yes I know but there is going to be an update to the Transport Scotland Act 2019 that makes it equivalent. So wondered if it was in force yet.
No it isn’t.
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Yes I know but there is going to be an update to the Transport Scotland Act 2019 that makes it equivalent. So wondered if it was in force yet.
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Schedule 4 of the Protection of Freedoms Act 2012 does not extend to Scotland, if that’s what you mean by your question.
In other words, a parking company sending a letter to the registered keeper has no means of transferring liability from the driver to the registered keeper if the driver is not identified.
If, for example, you are the recipient of such a letter then if you give us more information we can provide better advice.
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Hello, is the Part8 of the traffic act Scotland force that means I have to pay?