LEZ camera or entry sign not up to standard
To prove you broke a Low Emission Zone (LEZ) rule, the council must use an approved camera that is working properly — including a valid calibration certificate. The council must also display the correct LEZ entry signs and keep them in good condition. If the camera was not meeting its approval conditions on the day, or if the entry signs were missing, obscured, or not up to the required standard, the offence cannot be proved and your penalty charge notice (PCN) should not stand.
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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- Transport (Scotland) Act 2019 s.7, s.21, s.22
- TSRGD 2016