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FightBack Forums _ Government Policy _ keeper Liability in Scotland

Posted by: PhilipOH Fri, 6 Dec 2019 - 21:52
Post #1535613

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

Posted by: Umkomaas Fri, 6 Dec 2019 - 22:06
Post #1535615

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.

Posted by: PhilipOH Fri, 6 Dec 2019 - 22:26
Post #1535619

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/transport-scotland-bill/ sad.gif

Posted by: baroudeur Sat, 7 Dec 2019 - 15:28
Post #1535673

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/transport-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.

Posted by: The Rookie Mon, 9 Dec 2019 - 10:54
Post #1535934

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?

Posted by: bluesantafe Fri, 13 Dec 2019 - 07:38
Post #1536769

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?

Posted by: The Rookie Fri, 13 Dec 2019 - 12:10
Post #1536820

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).

Posted by: bluesantafe Fri, 13 Dec 2019 - 18:04
Post #1536888

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

Posted by: The Rookie Sun, 15 Dec 2019 - 18:03
Post #1537223

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.......

Posted by: southpaw82 Sun, 15 Dec 2019 - 18:51
Post #1537232

Is it not more the point that the relevant parts of the Act aren't in force yet?

Posted by: cp8759 Sun, 15 Dec 2019 - 22:29
Post #1537289

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?

Posted by: eddie1234567 Mon, 8 Mar 2021 - 17:26
Post #1622806

Dang, when did this happen. Ah well, the writing was on the walls.

Any news if this has all been set in stone yet. Someone I know just got PPC, and they weren't driving, so I thought I would double-check, and I find this.

It has been a while since I graced this site, and it looks like a lot has changed.

Cheers


Posted by: The Rookie Thu, 11 Mar 2021 - 11:21
Post #1623526

They got a Private Parking Company? (PCN perhaps?)

No, not at all in force yet.

Posted by: eddie1234567 Sat, 3 Apr 2021 - 15:16
Post #1628095

QUOTE (The Rookie @ Thu, 11 Mar 2021 - 11:21) *
They got a Private Parking Company? (PCN perhaps?)

No, not at all in force yet.


Just noticed this, and it warrants a joyful response.

Yeap the whole PPC. It was delivered brick by brick. He didn't' know what it was until they put the sign up on front after re-building it laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif

Taken note to watch my TLA's

Cheers

Posted by: SAGuy Fri, 17 Dec 2021 - 15:00
Post #1682968

Hi,

Do you know if this is finally in place yet? I'm not sure if I should pay or ignore.

Cheers

Posted by: The Rookie Fri, 17 Dec 2021 - 20:23
Post #1683031

The law is in place, the requirements to be able to use it are not. Of course while it’s not impossible a current PCN May meet the unknown requirements, it’s pretty unlikely.

Regardless, they could sue the keeper on the reasonable assumption they were driving, like the do mostly in England (PoFA compliance seemingly being much harder than anyone thought, and supports how unlikely it is above), but don’t due to the costs of bringing a case in Scotland, so I doubt keeper liability will actually change much anyway.

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