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Keeper liability in Scotland get closer?, Keeper liability in Scotland get closer?
Quicksilver
post Mon, 18 Mar 2019 - 14:51
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https://www.thecourier.co.uk/fp/news/local/...le-in-scotland/

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post Mon, 18 Mar 2019 - 14:51
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Quicksilver
post Mon, 18 Mar 2019 - 15:36
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https://www.thecourier.co.uk/fp/news/local/...le-in-scotland/
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The Rookie
post Mon, 18 Mar 2019 - 16:02
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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?


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666
post Mon, 18 Mar 2019 - 16:37
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QUOTE (The Rookie @ Mon, 18 Mar 2019 - 16:02) *
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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Steve_999
post Mon, 18 Mar 2019 - 18:13
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". . 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???? laugh.gif
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cp8759
post Mon, 18 Mar 2019 - 20:25
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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.


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Fredd
post Mon, 18 Mar 2019 - 20:58
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At least they haven't done away with the right to remain silent without "adverse inferences" being drawn.


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southpaw82
post Mon, 18 Mar 2019 - 23:08
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QUOTE (cp8759 @ Mon, 18 Mar 2019 - 20:25) *
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.


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cp8759
post Tue, 19 Mar 2019 - 14:54
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QUOTE (southpaw82 @ Mon, 18 Mar 2019 - 23:08) *
Don’t forget that the police can arrest witnesses too.

Sorry you've lost me...


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southpaw82
post Tue, 19 Mar 2019 - 15:24
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S 13 Criminal Procedure (Scotland) Act 1995. Power to detain suspects and witnesses. It may well have been amended by now.


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Churchmouse
post Tue, 19 Mar 2019 - 15:42
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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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Fredd
post Tue, 19 Mar 2019 - 16:06
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QUOTE (Churchmouse @ Tue, 19 Mar 2019 - 15:42) *
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).


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