Attorney acting for keeper under Scottish power of attorney

In Scotland, if the registered keeper has granted a continuing or welfare power of attorney that is registered with the Office of the Public Guardian (Scotland), the appointed attorney has the legal authority to manage the keeper's property and affairs — including dealing with a parking charge notice on their behalf. The parking operator or council must accept correspondence from the registered attorney and direct all replies to that attorney. Refusing to deal with the registered attorney and instead communicating directly with the keeper — whose mental capacity may be impaired — is a breach of the rules that govern this type of legal arrangement.

Legal basis

Adults with Incapacity (Scotland) Act 2000 ss.15, 16; UK GDPR Article 6

How to identify this in your case

You hold a registered Continuing/Welfare Power of Attorney (POA) for the keeper.

Sample appeal wording

Before you send this

Deadline. A late submission can be rejected without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [COUNCIL / OPERATOR], Re: PCN [PCN_NUMBER], registered keeper [NAME] I write as the registered Continuing Power of Attorney for [NAME], registered with the Office of the Public Guardian (Scotland) on [REG_DATE], OPG reference [OPG_REF]. A copy is enclosed. My powers under section [SECTIONS] of the Power of Attorney instrument include [PROPERTY/FINANCIAL/WELFARE] decisions and authorise me to act in this matter. [NAME] [has limited capacity / suffers from dementia / etc., as confirmed by enclosed medical evidence]. All correspondence on this matter should be addressed to me at [ATTORNEY ADDRESS]. Engaging directly with [NAME] in light of impaired capacity is contrary to the principles of s.1 of the Adults with Incapacity (Scotland) Act 2000 and to UK GDPR Article 6. I make formal representations under [reg 8(1) SSI 2021/177 / the Designation Order representations procedure] on behalf of [NAME]: [SET OUT GROUNDS]. Yours faithfully, [ATTORNEY NAME]

Beat It writes this argument automatically

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Attorney acting for keeper under Scottish power of attorney

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps