Dundee LEZ — Vehicle Emissions Check Service Error

Where the Transport Scotland Vehicle Emissions Check returned a 'compliant' result before the journey but the vehicle was nonetheless fined, drivers can rely on legitimate expectation.

Legal basis

LEZ (Scotland) Regulations 2021; legitimate expectation (R v North & East Devon HA ex p Coughlan [2001] QB 213)

How to identify this in your case

Driver has dated screenshot showing 'You can drive' result for the relevant VRM contemporaneous with the journey.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down 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.

To: Dundee City Council LEZ Penalty Charges Re: LEZ PCN [PCN_NUMBER] Before the journey on [DATE], I checked my vehicle [VRM] using the Transport Scotland Vehicle Emissions Check. The screenshot enclosed (dated [DATE_TIME]) shows: 'You can drive [your vehicle] in Dundee LEZ' / 'Compliant'. In reliance on the Government's official tool I drove into the LEZ. The doctrine of legitimate expectation (R v North & East Devon HA ex p Coughlan [2001] QB 213) precludes the Council from imposing a penalty inconsistent with official advice. Please cancel. Yours faithfully, [Keeper Name] Enclosed: timestamped screenshot

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Sources

LEZ (Scotland) Regulations 2021
R v North & East Devon HA ex p Coughlan [2001] QB 213
The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021 (SSI 2021/177):
https://www.legislation.gov.uk/ssi/2021/177/contents