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

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

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

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