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Scotland & Notice to Keeper
Bowmar977
post Sun, 16 Feb 2020 - 11:05
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Hi Guys
Issue is Edinburgh Airport and VCS Ltd (Picking up from dropoff zone).

We are a small taxi/private hire company that pickup from edinburgh airport several times a week.
All hires are pre-booked and can be proven, we never tout at airport as we are based 40 miles away.
Recently Edinburgh changed from same pickup/dropoff points to seperate zones.
Obviously sign has changed to 'no picking up', but drivers having visited for so many years never check sign.
We have issued them notices to use correct zones now.

Heres issue.....
We have received 4 'Charge Notices' (CN's) also marked 'Notice to keeper' - £100 charge and reduced to £60 if paid early.
I understand that the 14 days is a bribe to avoid appeals.
I also understand that the NTK did not have any grounds in Scotland and there also was no need to provide driver details.
But......

I believe the NTK issue in Scotland has passed through legally and received Royal Assent on 15th November 2019.
Whether this has been implemented in Scottish Law as of yet i do not know.

Bigger issue is that these CN's have been sent out 5-6 months after offence has taken place.
I think perhaps VCS ltd have sat on the parking charges until Royal Assent has been given.
That has got to be frowned upon, also......
If Notice to Keeper is in place, Surely the Protection of Freedom Act 2012 (Pofa 2012) is now applicable in Scotland.
That being so the 14 days to issue NTK has passed.

Also if we had received notice or first CN in a timely fashion, we would have notified drivers of zone change at that time.
We now think we will have other CN's coming.....

Anyone able to advise on this, or point in any reasonable direction.
Many thanks.
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post Sun, 16 Feb 2020 - 11:05
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nosferatu1001
post Mon, 17 Feb 2020 - 09:18
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The law has not been implmeneted, as it was requiring Sir Greg knights bill to go through.
The POFA2012 is NOT IN PLACe. Different law.
Just dont respond.
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Dave65
post Mon, 17 Feb 2020 - 10:24
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Are they mentioning byelaws?
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Bowmar977
post Mon, 17 Feb 2020 - 12:31
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QUOTE (Dave65 @ Mon, 17 Feb 2020 - 10:24) *
Are they mentioning byelaws?


No byelaws mentioned.

Also if Transport bill not implemented in scotland yet.... surely VCS Ltd had no legal avenue to access DVLA records for Keeper Details !
Thanks
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nosferatu1001
post Mon, 17 Feb 2020 - 12:41
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Of course they did. Same one as theyve ALWAYS had - but they cannot, anywhere, state you are liable, because thats a lie.
Te DVLA gives them 7 monhts to access records, same as in the rest of the UK
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Bowmar977
post Mon, 17 Feb 2020 - 15:29
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QUOTE (nosferatu1001 @ Mon, 17 Feb 2020 - 12:41) *
Of course they did. Same one as theyve ALWAYS had - but they cannot, anywhere, state you are liable, because thats a lie.
Te DVLA gives them 7 monhts to access records, same as in the rest of the UK


nosferatu thanks for that, conflicting information from another post - thanks
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nosferatu1001
post Wed, 19 Feb 2020 - 07:43
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Which post? None on here, or MSE forum.
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Bowmar977
post Wed, 19 Feb 2020 - 23:23
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QUOTE (nosferatu1001 @ Wed, 19 Feb 2020 - 07:43) *
Which post? None on here, or MSE forum.

Sorry mate, i had trawled internet for info and read somewhere that because the 'Transport Bill' was not implemented in Scotland they could not access DVLA Records. Possibly Rookie mistake reading from numerous sources.
Apologies

Think we might have to provide 'Driver Details' as due to 6 month delay in CN's being sent we envisage over 20 arriving in coming weeks.
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ostell
post Thu, 20 Feb 2020 - 08:27
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Why do you have to provide driver details? Even with POFA there is no requirement to identify the driver. No legal requirement to provide details.
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The Rookie
post Thu, 20 Feb 2020 - 09:07
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There is no keeper liability but there is driver liability, name the driver and they will have a much harder time defending it.

Still if you don't give a fig for your drivers.........


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nosferatu1001
post Thu, 20 Feb 2020 - 09:53
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Why on earth would you provide the drivers details?
The keeper HAS NO LIABILITY.
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ManxRed
post Thu, 20 Feb 2020 - 10:44
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It doesn't matter if you are expecting 20 or 2,000 more of these things to come through. The Keeper has no liability for the charge.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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