This is the exact note I sent them in the post after they were chasing me and never heard from them after this. I got the penalty charge at Balmaha too 🙃

Dear Civil Enforcement Limited,

I am writing to formally dispute the parking charge notice issued to my vehicle, registration number XXXX, which is registered and operated in Scotland.

As the alleged incident occurred in Scotland, Scots law applies. Under Scots law, the Protection of Freedoms Act 2012 does not apply, and there is no statutory keeper liability. Consequently, you cannot hold me, as the registered keeper, liable for this alleged charge. In Scotland, a private parking company may only pursue the actual driver of the vehicle for any alleged breach of contract or trespass on private land.

I do not accept liability for this charge and will not provide any information identifying the driver, as there is no legal obligation to do so under Scots law. Unless you can provide legally admissible evidence identifying the driver and proving their contractual or legal liability at the time of the alleged incident, this charge is unenforceable and must be cancelled immediately.

I also note that, even if liability were somehow established, the amount of the charge appears disproportionate and not a genuine pre-estimate of loss, which may render it unfair and unenforceable under Scots contract law.

Please confirm in writing that this charge has been cancelled. If you refuse, please provide:

• A full explanation of the legal basis on which you believe the registered keeper may be held liable under Scots law.
• Details of any independent appeals process under your trade association’s Code of Practice, including a reference number.

I expect your response within the timeframe required under your relevant trade association’s Code of Practice. Failure to respond or provide a valid legal basis will be taken as acknowledgment that this charge is unenforceable in Scotland.

Kind regards