Appealing a Scottish tribunal's legal error to a higher tribunal
If the First-tier Tribunal for Scotland (the independent body that hears Low Emission Zone appeals) has decided your case against you and you believe it made a mistake in how it applied the law — or reached a decision no reasonable tribunal could reach, or handled the process unfairly — you can ask permission to take your case to the Upper Tribunal for Scotland. You must do this within 30 days of the First-tier Tribunal's decision. If you succeed, the Upper Tribunal can cancel the decision and send it back to a different First-tier Tribunal panel to decide again. There is also a further route through the Court of Session (Scotland's highest civil court), but that is costly and usually only worth considering where the original ruling sets a wider legal precedent — for example, a ruling that Blue Badge holders must pre-register, or a ruling on what counts as a 'historic vehicle'.
Legal basis
Tribunals (Scotland) Act 2014 s.46; Court of Session Act 1988 s.27A; Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
How to identify this in your case
FtT(Scotland) GRC has decided your case against you on what looks like an error of law.
Sample appeal wording
[Upper Tribunal application] To: Upper Tribunal for Scotland (General Regulatory Chamber) Permission to Appeal — [APPELLANT] v [LOCAL AUTHORITY] Pursuant to s.46 of the Tribunals (Scotland) Act 2014 the Appellant seeks permission to appeal against the decision of the FtT(Scotland) GRC dated [FTT_DECISION_DATE] in case reference [CASE_REF]. Grounds (errors of law): 1. The FtT erred in law in [interpreting reg 3(1)(h) of SSI 2021/177 to require pre-registration of historic-vehicle status — there is no such requirement in the regulation]; 2. The FtT erred in failing to consider [Equality Act 2010 / Public Sector Equality Duty]; 3. The FtT acted procedurally unfairly in [refusing oral hearing without giving reasons]. Grounds set out fully at Annex A. [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Tribunals (Scotland) Act 2014 s.46
- Court of Session Act 1988
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings
- Belfast Parking Zone — Missing or Faulty Rules/Signs