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LEZ — council missed 14-day deadline for ANPR record

When you receive a Low Emission Zone penalty charge notice (PCN), you are entitled to ask the council for a free copy of the ANPR camera record and still images. The council must provide this within 14 days of your request. If they fail to meet that deadline, the offence is not proved — and because the evidence was not given to you when you properly asked for it, the council cannot rely on the camera record. 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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Sources

  • SSI 2021/177 reg 6
  • Transport (Scotland) Act 2019 s.7

Related appeal grounds

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