Ignore it. There is no Keeper liability in Scotland (for now). Too late to appeal. Nothing will happen. Shred the debt collector letters and use them as hamster bedding.
Why There Is No Keeper Liability in Scotland
In Scotland, a private parking company cannot hold the known keeper liable for an unpaid parking charge when the driver is unknown to them. This is because Scots law does not impose keeper liability for private parking charges, unlike in England and Wales, where the Protection of Freedoms Act 2012 (PoFA) allows such liability to be transferred.
1. The Key Distinction: The Known Keeper vs. The Unknown Driver
When a private parking company issues a charge, they only know the registered keeper of the vehicle because they obtain the keeper’s details from the DVLA. However, the keeper is not necessarily the driver. The company does not automatically know who was driving at the time of the alleged parking contravention.
The Known Keeper: Identified through DVLA records but may not have been driving.
The Unknown Driver: The person who actually parked the vehicle and (if a breach occurred) would be the only party responsible under contract law.
Since a parking contract is only formed with the person who was driving and accepted the terms, the parking company can only hold the driver liable, not the keeper.
2. No Scottish Law Transfers Liability to the Keeper
In England and Wales, PoFA allows a parking company to transfer liability from the unknown driver to the known keeper, but only if they meet strict conditions.
In Scotland, PoFA does not apply, and no equivalent law exists. This means that liability stays with the unknown driver, and the parking company cannot automatically shift responsibility to the known keeper.
Without identifying the driver, the company has no one to legally pursue.
3. Contract Law in Scotland Requires a Direct Agreement
Private parking charges operate under contract law, which means:
• A contract is only valid between the driver and the parking company.
• The keeper, who may not have been present, never accepted the terms and therefore cannot be held liable.
In practical terms, this means that unless the company can prove the unknown driver’s identity, their claim against the known keeper has no legal standing.
4. No Obligation for the Known Keeper to Identify the Unknown Driver
In England and Wales, PoFA allows parking companies to demand that the known keeper either:
• Pay the charge, or
• Identify the driver at the time of the alleged breach.
If the known keeper refuses to name the unknown driver, PoFA lets the company assume the keeper’s liability.
However, in Scotland:
• There is no law requiring the keeper to provide this information.
• If the known keeper does not respond, the unknown driver remains unidentified, and the claim is unenforceable.
5. The Parking Company’s Problem: No Proof of the Driver
Since only the driver is responsible for the charge, the parking company faces a major problem:
• They have the name and address of the known keeper,
• But they lack any proof of the unknown driver’s identity.
If they attempt legal action in Scotland, they must prove who was driving. Without this evidence, their case will likely fail in court.
6. Practical Impact: Parking Companies Use Bluff Tactics
Because they cannot enforce keeper liability in Scotland, private parking companies rely on scare tactics rather than actual legal action. Their usual strategy includes:
• Sending letters to the known keeper that imply they are responsible (even though they are not).
• Using debt collection agencies to issue threatening but legally meaningless demands.
• Hoping that the keeper does not understand Scottish law and pays the charge out of fear.
Since they cannot take legal action against the known keeper without naming the unknown driver, these letters are usually empty threats.
Conclusion
In Scotland, a private parking charge can only be enforced against the driver, not the keeper. Without PoFA, parking companies must identify the unknown driver, which is often impossible. Since the known keeper has no legal duty to name the unknown driver, private parking firms have no legal route to enforce payment against the keeper, making their claims largely unenforceable unless the driver is identified.
