Since the Protection of Freedoms Act 2012 (POFA) introduced the concept of keeper liability, it has created some confusion for motorists when receiving a Parking Charge Notice. Receiving PCNs In Scotland Or Northern Ireland differ to ones received in England or Wales. This is because POFA does not apply in Scotland and Northern Ireland. POFA also required the two Accredited Trade Associations (ATA) to create their own independent appeals service. The British Parking Association (BPA) created Parking on Private Land Appeals (POPLA). And the International Parking Community (IPC) created Independent Appeals Service (IAS). Since POFA was introduced in English and Welsh law, it creates a number of scenarios for motorists driving in the UK.
Contents
- Does Keeper Liability Apply In Scotland?
- An English Or Welsh Motorist Ticketed In An English Or Welsh Car Park
- A Scottish Or Northern Irish Motorist Ticketed In A Scottish Or Northern Irish Car Park
- A Scottish Or Northern Irish Motorist Ticketed In An English Or Welsh Car Park
- An English Welsh Motorist Ticketed In A Scottish Or Northern Irish Car Park
- Are Private Parking Charges Enforceable In Scotland?
- Are Private Parking Charges Enforceable In Northern Ireland?
- TLDR: PCNs In Scotland Or Northern Ireland
Does Keeper Liability Apply In Scotland?
POFA does not apply in Scotland, so it is common for people to believe keeper liability doesn’t apply there too. However, the Transport (Scotland) Act 2019 has specifically added into law:
This Part of the Act introduces a keeper liability scheme for the recovery of unpaid private parking charges. This Part provides that, subject to certain conditions being met, the keeper or the hirer of a vehicle may be made liable for any unpaid parking charge that has arisen by virtue of a “relevant obligation”.
Transport (Scotland) Act 2019
So it’s in black and white now that keeper liability is a thing in Scotland.
An English Or Welsh Motorist Ticketed In An English Or Welsh Car Park
This situation is straight forward. As POFA applies in England and Wales, and there is the availability of an independent appeals service.
A Scottish Or Northern Irish Motorist Ticketed In A Scottish Or Northern Irish Car Park
As POFA doesn’t apply in Scotland or Northern Ireland, however, there is availability of an independent appeals service through POPLA. POPLA was introduced into Scotland and Northern Ireland in May 2019. This also makes it so the driver at the time of receiving the Parking Charge Notice is liable for it and not the registered keeper, but only in Northern Ireland. The registered keeper is under no obligation to provide the Private Parking Company (PPC) with the information of the driver. The PPC could try to enforce it in court. However, due to POFA not being recognised in Scotland or Northern Ireland, it may not stand up in court.
A Scottish Or Northern Irish Motorist Ticketed In An English Or Welsh Car Park
As the Parking Charge Notice was issues in England or Wales, POFA does stand, and there is the availability of an independent appeals service. However, since the motorist would live in Scotland or Northern Ireland, they do not recognise POFA. This makes it so the driver at the time of receiving the Parking Charge Notice is liable for it and not the registered keeper, but only in Northern Ireland. The registered keeper is under no obligation to provide the PPC with the information of the driver. The PPC could try to enforce it in court. However, due to POFA not being recognised in Scotland or Northern Ireland, it may not stand up in court.
An English Welsh Motorist Ticketed In A Scottish Or Northern Irish Car Park
As POFA doesn’t apply in Scotland or Northern Ireland, however, there is availability of an independent appeals service through POPLA. This also makes it so the driver at the time of receiving the Parking Charge Notice is liable for it and not the registered keeper, but only in Northern Ireland. The registered keeper is under no obligation to provide the PPC with the information of the driver. The PPC could try to enforce it in court. However, due to POFA not being recognised in Scotland or Northern Ireland, it may not stand up in court.
Are Private Parking Charges Enforceable In Scotland?
Fines issued by PPCs in Scotland are actually not enforceable by local authorities or the police. They can issue a Parking Charge Notice, however, this is technically an invoice, for what they believe to be a breach of their parking contract.
Are Private Parking Charges Enforceable In Northern Ireland?
Fines issued by PPCs in Northern Ireland are actually not enforceable by local authorities or the police. They can issue a Parking Charge Notice, however, this is technically an invoice, for what they believe to be a breach of their parking contract.
TLDR: PCNs In Scotland Or Northern Ireland
- The Protection Of Freedoms Act 2012 (POFA) does not apply in Scotland and Northern Ireland;
- The Transport (Scotland) Act 2019 has added a keeper liability to Scottish Law;
- Fines issued by Private Parking Companies (PPCs) in Scotland and Northern Ireland are not enforceable by local authorities or the police.
Sources used to write this article: