LEZ appeals must go to the right tribunal
If you receive a penalty charge notice (PCN) for breaking a Low Emission Zone (LEZ) rule, any formal appeal must go to the First-tier Tribunal for Scotland — not to the Scottish Parking Appeals Service (SPAS), which only handles ordinary parking tickets. Some councils wrongly tell LEZ drivers to appeal to SPAS, or leave out the First-tier Tribunal entirely. If you were sent to the wrong place, the council has not properly told you how to appeal, and your ticket may be challengeable on that basis.
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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Scan my ticketSources
- SSI 2021/177 reg 10
- Tribunals (Scotland) Act 2014
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