Keeper liability in Scotland get closer?, Keeper liability in Scotland get closer? |
Keeper liability in Scotland get closer?, Keeper liability in Scotland get closer? |
Mon, 18 Mar 2019 - 14:51
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#1
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Member Group: Members Posts: 313 Joined: 25 Oct 2006 Member No.: 8,512 |
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Mon, 18 Mar 2019 - 14:51
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Mon, 18 Mar 2019 - 15:36
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#2
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Member Group: Members Posts: 313 Joined: 25 Oct 2006 Member No.: 8,512 |
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Mon, 18 Mar 2019 - 16:02
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
QUOTE “Keeper liability makes the registered keeper of a vehicle liable for any unpaid parking charges on that vehicle if the amount can’t be recovered from the driver.” You couldn't make it up....... how can people be THAT dumb? -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 18 Mar 2019 - 16:37
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#4
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
QUOTE “Keeper liability makes the registered keeper of a vehicle liable for any unpaid parking charges on that vehicle if the amount can’t be recovered from the driver.” You couldn't make it up....... how can people be THAT dumb? Well, he IS a solicitor ... |
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Mon, 18 Mar 2019 - 18:13
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#5
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Member Group: Members Posts: 1,397 Joined: 12 Jun 2008 From: West Sussex Member No.: 20,304 |
". . and, unlike in England, there is no obligation for the owner to reveal the identity of the driver."
Wow! I didn't realise that we are obliged to name the driver. When did that change???? |
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Mon, 18 Mar 2019 - 20:25
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Well I maintain my view that Scots law is pants. Let's not forget that this is the country where:
1) If you're a victim of crime and the Crown won't prosecute, it's though luck as there's no right of private prosecution and no right of judicial review against a decision of the Lord Advocate not to prosecute. 2) If through no fault of your own you get a Charge Certificate for a parking or bus lane PCN, for example for a previous letter got lost in the post, well tough s**t you must pay as there's no right of appeal and no reset mechanism. 3) As recently as 2010, you could be arrested and questioned by police in Scotland while being denied access to a lawyer, this only changed when the UK Supreme Court ruled that this was incompatible with the European Convention on Human Rights. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 18 Mar 2019 - 20:58
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#7
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
At least they haven't done away with the right to remain silent without "adverse inferences" being drawn.
-------------------- Regards,
Fredd __________________________________________________________________________
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Mon, 18 Mar 2019 - 23:08
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Well I maintain my view that Scots law is pants. Let's not forget that this is the country where: 1) If you're a victim of crime and the Crown won't prosecute, it's though luck as there's no right of private prosecution and no right of judicial review against a decision of the Lord Advocate not to prosecute. 2) If through no fault of your own you get a Charge Certificate for a parking or bus lane PCN, for example for a previous letter got lost in the post, well tough s**t you must pay as there's no right of appeal and no reset mechanism. 3) As recently as 2010, you could be arrested and questioned by police in Scotland while being denied access to a lawyer, this only changed when the UK Supreme Court ruled that this was incompatible with the European Convention on Human Rights. Don’t forget that the police can arrest witnesses too. -------------------- Moderator
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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Tue, 19 Mar 2019 - 14:54
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Don’t forget that the police can arrest witnesses too. Sorry you've lost me... -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 19 Mar 2019 - 15:24
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#10
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
S 13 Criminal Procedure (Scotland) Act 1995. Power to detain suspects and witnesses. It may well have been amended by now.
-------------------- Moderator
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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Tue, 19 Mar 2019 - 15:42
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#11
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
QUOTE Scottish Conservative MSP Murdo Fraser said: “As part of a package of measures on private parking, I believe that keeper liability should be part of that package. “Keeper liability makes the registered keeper of a vehicle liable for any unpaid parking charges on that vehicle if the amount can’t be recovered from the driver.” He might want to check what E&W's experience with this has had on the civil court system. Why should the Scottish (and E&W) taxpayer be subsidising the Private Parking Industry? --Churchmouse |
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Tue, 19 Mar 2019 - 16:06
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#12
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
He might want to check what E&W's experience with this has had on the civil court system. Why should the Scottish (and E&W) taxpayer be subsidising the Private Parking Industry? I suspect the politicians just listen to briefings from business - they certainly don't seem to be able to get their heads around the very different models of every user paying for the parking time they use (fair enough), and a small minority of users paying for the entire operation through "fines"/penalties (something akin to extortion). -------------------- Regards,
Fredd __________________________________________________________________________
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