LEZ — PCN issued more than 28 days after detection date

Under reg 6(2) of the Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021 (SSI 2021/177), a PCN must be served before the end of the 28-day period beginning with the detection date. The only extension is reg 6(3): if council requested DVLA 'relevant information' within 14 days of detection AND that info was not supplied by the end of the 28-day window, the council has 14 days from receipt of that info to serve. If the PCN is served outside this strict window, the council has no power to issue it. Scotland's regime is materially TIGHTER than England — there is no separate NtO stage; the PCN is the only initial document.

Legal basis

SSI 2021/177 reg 6(2); Transport (Scotland) Act 2019 s.7; reg 8(4)(a)

How to identify this in your case

Compare 'detection date' on PCN with 'date of issue/served date'. If served more than 28 days later and PCN does not state DVLA enquiries delayed service, the PCN is out of time.

Sample appeal wording

Dear [COUNCIL] LEZ Team, Re: Penalty Charge Notice [PCN_NUMBER], Vehicle [VRN], Detection Date [DETECTION_DATE] I make formal representations under reg 8(1) of SSI 2021/177 against the imposition of this penalty. Ground: reg 8(4)(a) — the alleged contravention did not occur in law because the PCN was not validly served. 1. Detection date: [DETECTION_DATE] 2. PCN served on me: [SERVED_DATE] — [N] days after detection, exceeding the 28-day period in reg 6(2). 3. The PCN does not state the council was awaiting 'relevant information' from the Secretary of State under reg 6(3); my keeper details have been correctly registered with DVLA throughout. The council had no statutory power to serve this PCN. Please cancel under reg 9(2) and confirm in writing within 14 days. If you decline I will appeal to the First-tier Tribunal for Scotland (General Regulatory Chamber) under reg 10. Yours faithfully, [NAME]

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

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Sources

legislation.gov.uk (SSI 2021/177)
Transport (Scotland) Act 2019