LEZ — Appeal goes to FtT(Scotland) GRC, not SPAS

Critically: appeals against LEZ PCNs go to the First-tier Tribunal for Scotland (General Regulatory Chamber) — NOT to the Scottish Parking Appeals Service (SPAS) which deals with TMA-style council parking PCNs. The FtT is a statutory tribunal under the Tribunals (Scotland) Act 2014, applies the FtT GRC Rules of Procedure, undertakes a de novo review on the merits, and may apply public-law principles (proportionality, legitimate expectation, Wednesbury reasonableness). Different from SPAS adjudicators (parking) bound by the Civic Government (Scotland) Act 1982 / Road Traffic Act 1991 grounds. Scottish councils sometimes incorrectly direct LEZ appellants to SPAS — wrong; right of appeal is to FtT under reg 10 SSI 2021/177.

Legal basis

SSI 2021/177 reg 10; Tribunals (Scotland) Act 2014; First-tier Tribunal for Scotland (General Regulatory Chamber) Procedure Regulations

How to identify this in your case

Council's NoR directs you to SPAS for LEZ appeals; or NoR omits FtT(Scotland) altogether; or council confuses parking PCNs with LEZ PCNs.

Sample appeal wording

Dear [COUNCIL], Re: PCN [PCN_NUMBER] — Notice of Rejection The NoR incorrectly directs me to the Scottish Parking Appeals Service for an LEZ appeal. Under reg 10 of SSI 2021/177 the right of appeal is to the First-tier Tribunal for Scotland (General Regulatory Chamber). SPAS has no jurisdiction over LEZ penalties; it deals with parking contraventions under the Road Traffic Act 1991. Please re-issue a compliant NoR identifying the correct tribunal — failing which I will appeal directly to the FtT and rely on this misdirection per reg 9(4)(b)–(d). Yours faithfully, [NAME]

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

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Sources

SSI 2021/177 reg 10
Tribunals (Scotland) Act 2014