LEZ — Approved device / signage non-compliance (s.21 / s.22)

S.7(1) of the 2019 Act requires a contravention to be proved by 'evidence from a record produced by an approved device' — approved by Scottish Ministers under s.21. S.22 requires the traffic authority to place and maintain compliant signs (TSRGD 2016 sign diagrams 880.1/880.2 in Scotland). If at the date of contravention (a) camera not operating to its approval conditions (e.g., calibration certificate expired) or (b) entry signs missing/obscured/non-compliant, contravention cannot be proved under s.7. Recognised at FtT(Scotland); analogous to Herron v Sunderland CC [2011] EWHC 2961.

Legal basis

Transport (Scotland) Act 2019 s.7, s.21, s.22; TSRGD 2016 (as applied in Scotland); reg 8(4)(a)

How to identify this in your case

Photograph signs at entry point — missing, faded, vandalised, obscured. Or request type-approval/calibration certificate via FOI/EIR.

Sample appeal wording

Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground reg 8(4)(a) — contravention not established. Under s.7(1) of the 2019 Act, an LEZ contravention can only be proved by evidence from a record produced by an approved device. S.21 requires Ministerial approval. S.22 requires compliant signs. 1. Signage non-compliance: photographs taken on [PHOTO_DATE] (enclosed) show that the entry sign at [LOCATION] was [missing / obscured / damaged / non-compliant with TSRGD 2016 diagram 880.1]. A driver could not have known they were entering an LEZ. 2. Approved device: I formally request, under reg 6(5)(n) and FOISA 2002, (a) the type-approval certificate for the device under s.21; (b) the most recent calibration/maintenance certificate at site [SITE_REF]; (c) confirmation the device was operating within type-approval conditions on [DETECTION_DATE]. Until that evidence is produced the contravention is not proved. Please cancel the PCN. Yours faithfully, [NAME]

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

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Sources

Transport (Scotland) Act 2019 s.7, s.21, s.22
TSRGD 2016