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LEZ — First-tier Tribunal expenses award against council

Reg 9(4)(e) and the FtT (Scotland) GRC Rules empower the tribunal to award expenses where a council acted unreasonably in defending or pursuing the appeal. Use strategically: where you raised a clear ground (Blue Badge, exempt vehicle, PCN out of time) and council rejected without addressing it, the tribunal may not only quash the PCN but order the council to pay your reasonable expenses — travel, time off work, preparation costs. Stronger than English POPLA/London Tribunals where costs awards are rare.

Legal basis

SSI 2021/177 reg 9(4)(e); Tribunals (Scotland) Act 2014 s.39; FtT GRC Rules of Procedure

How to identify this in your case

Council rejected representations without engaging with ground raised; failed to disclose ANPR record; issued PCN despite obvious exemption.

Sample appeal wording

[Add to FtT appeal grounds:] In addition to seeking cancellation of the penalty under reg 8(4)[GROUND], the Appellant requests an award of expenses under the First-tier Tribunal for Scotland (General Regulatory Chamber) Rules of Procedure. The local authority has acted unreasonably: it failed to address [SPECIFIC GROUND] in its NoR; failed to provide the approved-device record within 14 days of my reg 6(5)(n) request; and/or issued the PCN despite the [exemption / grace period / sale] being plainly evident from documents supplied with my representations. The Appellant's reasonable expenses to date are £[AMOUNT], itemised at Annex A.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Tribunals (Scotland) Act 2014
  • FtT GRC Rules

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