PART 8

Recovery of unpaid parking charges

Hire vehicles

Right to recover from hirer
105
1
If—
a
the creditor is by virtue of section 104(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and
b
the conditions mentioned in subsection (2) are met,
the creditor may recover those charges (so far as they remain unpaid) from the hirer.
2
The conditions are that—
a
the creditor has within the relevant period given the hirer a notice in accordance with subsection (5) (a “notice to hirer”), together with a copy of the documents mentioned in section 104(2) and the notice to keeper,
b
a period of 21 days beginning with the day on which the notice to hirer was given has elapsed, and
c
the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
3
In subsection (2)(a), “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by section 104(2) are given to the creditor.
4
For the purposes of subsection (2)(c) a vehicle is presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
5
The notice to hirer must contain such information as the Scottish Ministers may by regulations prescribe.
6
The giving of documents referred to in subsection (2)(a) must be by such means as the Scottish Ministers may by regulations prescribe.
7
In this section, “the hirer” means the person who is the hirer in relation to the vehicle as referred to in section 104.