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

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

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]

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LEZ — council missed 14-day deadline for ANPR record

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps