LEZ — Council failed to provide ANPR record within 14 days of request
Reg 6(5)(n) SSI 2021/177 entitles the recipient of a LEZ PCN to request a free copy of the record/still images from the approved device. Reg 6(6) requires council to comply within 14 days. Failure means the recipient cannot effectively make representations and the contravention is not 'proved' under s.7(1) of the 2019 Act. Without that evidence having been disclosed when properly requested, council cannot rely on the device's record and the PCN must be cancelled.
Legal basis
SSI 2021/177 reg 6(5)(n) and 6(6); Transport (Scotland) Act 2019 s.7(1) and s.21
How to identify this in your case
You sent a written request for the ANPR record under reg 6(5)(n) and 14 calendar days have elapsed without the record.
Sample appeal wording
Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER] On [REQUEST_DATE] I made a written request under reg 6(5)(n) SSI 2021/177 for the record produced by the approved device. Reg 6(6) required compliance within 14 days. As of [TODAY_DATE] — [N] days later — I have received nothing. Formal representations under reg 8(1); ground reg 8(4)(a). Without the approved-device record, the contravention cannot be proved under s.7(1) of the 2019 Act. The disclosure failure renders the PCN unsustainable. Please cancel under reg 9(2). 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 6
- Transport (Scotland) Act 2019 s.7