LEZ — Extenuating circumstances (reg 8(4)(f)) — uniquely Scottish
Reg 8(4)(f) SSI 2021/177 is unique to the Scottish LEZ regime — it expressly entitles representations on the basis that the contravention DID occur but in light of extenuating circumstances it would be unreasonable to impose a penalty. NO equivalent ground exists in the English Civil Enforcement of Road Traffic Contraventions Regulations 2022. Examples accepted: medical emergency requiring urgent transit to hospital; vehicle entered LEZ in error due to emergency closure diversion; satnav routing error from unmarked roadworks; mechanical failure stranding vehicle within LEZ. The 'unreasonable' test is broader than English 'compelling reasons' — it is a balancing of hardship, urgency, avoidability.
Legal basis
SSI 2021/177 reg 8(4)(f)
How to identify this in your case
Drive happened in unavoidable circumstances — medical emergency, diversion, breakdown, road closure, third-party error.
Sample appeal wording
Dear [COUNCIL], Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground reg 8(4)(f) — extenuating circumstances render imposition of a penalty unreasonable. On [DETECTION_DATE] I drove in the [LEZ] because: [DESCRIBE — e.g., my [RELATIONSHIP] [NAME] suffered a [MEDICAL EVENT] and I drove from [ORIGIN] direct to [HOSPITAL] in the LEZ; A&E records and 999 call log enclosed]. The drive was unavoidable, urgent, the only safe route. I had no realistic opportunity to substitute a compliant vehicle. Reg 8(4)(f) is wider than the comparable English ground — it addresses 'unreasonable' imposition. I respectfully ask the council to exercise that discretion. Evidence: [hospital admission / 999 call ref / breakdown invoice / road closure FOI response]. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SSI 2021/177 reg 8(4)(f)