LEZ repeat penalty wrongly calculated — 90-day reset ignored
In a Low Emission Zone (LEZ), the fine goes up each time the same vehicle is caught in the same zone. But if 90 days or more pass between one offence and the next (measured from the date each offence was detected, not the date the penalty notice was issued), the count resets and you are treated as a first-time offender again. The authority may have got this wrong — for example by counting from the wrong date, or by adding up offences from different zones or different vehicles together, which is not allowed.
Legal basis
SSI 2021/177 reg 4(1)–(10); Schedule 4; reg 8(4)(e)
How to identify this in your case
Compare detection dates of all PCNs for SAME vehicle/SAME LEZ. If gap ≥90 days, surcharge should reset. Or surcharges aggregated across LEZs/vehicles — wrong.
Sample appeal wording
Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground reg 8(4)(e) — penalty exceeds the amount applicable. The PCN charges £[AMOUNT] as an [Nth] contravention. However: [Choose:] — Under reg 4(6)–(7), a contravention ≥90 days after the most recent previous contravention in the same vehicle/LEZ is treated as a first contravention. My most recent prior contravention in vehicle [VRN] in [LEZ] was on [PRIOR_DATE], being [N] days before [CURRENT_DATE]. Should be a first contravention with £60 (£30 reduced). — Reg 4 surcharges accumulate only in the SAME vehicle in the SAME LEZ (reg 4(10)). The prior contraventions you have aggregated are in [different LEZ / different vehicle]. Correct charge: £[CORRECT_AMOUNT]. Please cancel and re-issue. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- SSI 2021/177 reg 4
- Schedule 4