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Glasgow LEZ — Service of Notice Defect

The original Transport Appeal Tribunal ruling (Oct 2023) overturned LEZ PCNs not served by recorded/registered post. The Inner House reversed this in 2024, but where the council cannot prove the PCN was actually delivered (returned undelivered, sent to outdated keeper address from DVLA, hire vehicle situation), the appeal still succeeds at the Transport Appeals panel of the General Regulatory Chamber.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PCN not received until late demand stage; post returned to council; keeper address out of date with DVLA; vehicle hire situation.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 In my case, the address held was [out of date / for a hire keeper / I have evidence of non-delivery].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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