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keeper Liability in Scotland
PhilipOH
post Fri, 6 Dec 2019 - 21:52
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I have searched high and low but maybe not enough. Now that that Transport Scotland Bill has passed, has the Keeper Liability clause kicked in with relation to parking on private land?

Thanks
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post Fri, 6 Dec 2019 - 21:52
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Umkomaas
post Fri, 6 Dec 2019 - 22:06
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QUOTE (PhilipOH @ Fri, 6 Dec 2019 - 22:52) *
I have searched high and low but maybe not enough. Now that that Transport Scotland Bill has passed, has the Keeper Liability clause kicked in with relation to parking on private land?

Thanks

Not at least until Royal Assent has been given - it hasn't been as yet. It won't have retrospective applicability.

This post has been edited by Umkomaas: Fri, 6 Dec 2019 - 22:07
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PhilipOH
post Fri, 6 Dec 2019 - 22:26
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QUOTE (Umkomaas @ Fri, 6 Dec 2019 - 22:06) *
QUOTE (PhilipOH @ Fri, 6 Dec 2019 - 22:52) *
I have searched high and low but maybe not enough. Now that that Transport Scotland Bill has passed, has the Keeper Liability clause kicked in with relation to parking on private land?

Thanks

Not at least until Royal Assent has been given - it hasn't been as yet. It won't have retrospective applicability.


Thanks. It seems Royal Assent was given on 15th November

https://www.transport.gov.scot/our-approach...-scotland-bill/ sad.gif
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baroudeur
post Sat, 7 Dec 2019 - 15:28
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QUOTE (PhilipOH @ Fri, 6 Dec 2019 - 22:26) *
Thanks. It seems Royal Assent was given on 15th November

https://www.transport.gov.scot/our-approach...-scotland-bill/ sad.gif



Wow! I've had a skip read and it seems that PePiPoo will be getting a lot of work in future.

Camera enforcement. Private parking charges. Dropped kerbs seem to have no exemption for property owners.
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The Rookie
post Mon, 9 Dec 2019 - 10:54
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QUOTE (baroudeur @ Sat, 7 Dec 2019 - 16:28) *
Dropped kerbs seem to have no exemption for property owners.

Dropped kerbs (well they are called dropped footways here) are those which are "for the purpose of assisting pedestrians or cyclists to cross the carriageway", not driveways, so not sure there will be an impact on property owners?


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bluesantafe
post Fri, 13 Dec 2019 - 07:38
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Anyone know when this actually starts? I can’t find an actual date of when keepers will become liable. Will they also be able to go back to keepers already issued invoices before the start date?

This post has been edited by bluesantafe: Fri, 13 Dec 2019 - 07:39
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The Rookie
post Fri, 13 Dec 2019 - 12:10
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AIUI the gov't hasn't yet released the 'regulations' (which will be set by the 'Scottish Ministers'), until that happens then it cannot be engaged.

For example for the NtD (58Z3)

QUOTE
(2) The notice contains such information as the Scottish Ministers may by regulations prescribe


Similar paragraphs for the NtK (with or without NtD).

This post has been edited by The Rookie: Fri, 13 Dec 2019 - 12:15


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bluesantafe
post Fri, 13 Dec 2019 - 18:04
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QUOTE (The Rookie @ Fri, 13 Dec 2019 - 12:10) *
AIUI the gov't hasn't yet released the 'regulations' (which will be set by the 'Scottish Ministers'), until that happens then it cannot be engaged.

For example for the NtD (58Z3)

QUOTE
(2) The notice contains such information as the Scottish Ministers may by regulations prescribe


Similar paragraphs for the NtK (with or without NtD).



I was just curious as I know a keeper who’s car somehow got an invoice
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The Rookie
post Sun, 15 Dec 2019 - 18:03
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Well until the Scottish ministers release the requirements there can be no keeper liability.

I guess it could reply retrospectively from that if a parking company miraculously manage to get the requirements spot on without knowing what they are going to be.......


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southpaw82
post Sun, 15 Dec 2019 - 18:51
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Is it not more the point that the relevant parts of the Act aren't in force yet?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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cp8759
post Sun, 15 Dec 2019 - 22:29
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QUOTE (The Rookie @ Sun, 15 Dec 2019 - 18:03) *
Well until the Scottish ministers release the requirements there can be no keeper liability.

I guess it could reply retrospectively from that if a parking company miraculously manage to get the requirements spot on without knowing what they are going to be.......

I was of the understanding that retrospective legislation could only be created by explicit words, unless the relevant provisions state that they have retrospective effect would they not apply from the commencement date onwards?


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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