Alan Cameron | Senior Associate

Scottish Government Considers Changes to Law of Private Parking Fines

The ability to avoid parking fines by refusing to name a driver who parked a vehicle incurred on private land may soon be a thing of the past as reports indicate that Scottish Government officials are considering the introduction of what is known as ‘keeper liability’ in the Transport (Scotland) Bill.

Currently in Scotland, if you are the registered keeper of a motor vehicle and it was another individual who incurred a charge by parking on private land, if you do not disclose who parked the vehicle you would not be automatically liable for the parking ticket.

Were ‘keeper liability’ to be passed into law, this loophole would be closed and the registered owner of a motor vehicle would become liable for the ticket if they made the decision not to disclose the identity of the driver.

Keeper liability already exists in England and the difference in law between both jurisdictions has led to concerns there is confusion among motorists as to when they will incur fines, and when they must pay them. One intention of this legislation is to end this confusion.

In response to this proposal, the Law Society of Scotland has recommended a public information campaign to alert motorists to any changes to the law before they are implemented in order to avoid unfairness and allow motorists to adjust to any change in the law.

Time will tell if this measure will be implemented and any effect it will have on the pockets of Scottish motorists.

If you have been issued with a parking charge and require legal advice regarding your rights, contact Jackson Boyd. We have the experience and knowledge to assist you in any claim made by a private parking garage or land owner.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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