Council Cannot Prove Your PCN Was Delivered
Glasgow's Low Emission Zone fines must actually reach you. A 2024 court ruling confirmed that councils can use ordinary recorded post, but if the council cannot show the penalty notice was actually delivered — for example because it was returned undelivered, sent to a wrong or out-of-date address, or you were driving a hire vehicle — your appeal can still succeed at the Transport Appeals panel of the General Regulatory Chamber.
Legal basis
Transport (Scotland) Act 2019 ss 22-29; Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021; Glasgow CC v Bain 2024 (Inner House)
How to identify this in your case
PCN not received until late demand stage; post returned to council; keeper address out of date with DVLA; vehicle hire situation.
Sample appeal wording
To: Glasgow City Council LEZ Penalty Charges Re: LEZ Penalty Charge Notice [PCN_NUMBER] — Vehicle [VRM] I request withdrawal of this LEZ Penalty Charge Notice on the ground of defective service. I did not receive the original PCN and only became aware on receipt of [the Notice to Owner / final demand / debt collection letter] dated [DATE]. Under the Transport (Scotland) Act 2019 and the LEZ (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021, the council must establish proper service. While Glasgow CC v Bain 2024 (Inner House) held untracked post permissible in principle, that decision presupposes actual delivery. In my case, the address held was [out of date / for a hire keeper / I have evidence of non-delivery]. Evidence enclosed. If rejected, I will appeal to the Transport Appeals panel of the First-tier Tribunal for Scotland. Yours faithfully, [Keeper Name]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Transport (Scotland) Act 2019
- LEZ (Scotland) Regulations 2021
- Glasgow CC v Bain 2024 (Inner House)
- https://www.scottishlegal.com/articles/glasgow-city-council-succeeds-in-lez-appeal
- https://www.bbc.co.uk/news/articles/ce7pz2ze56go
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- 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