LEZ — Surcharge wrongly applied: 90-day reset misapplied (reg 4(6))
Reg 4 SSI 2021/177: escalating surcharges for repeat contraventions in SAME vehicle and SAME LEZ. First contravention: £60 (£30 within 14 days). Second: £60+£60. Third: £60+£180. Fourth: £60+£420. Fifth+: £60+£420 (passenger) up to £960 (HGV). Reg 4(6)–(7): where a contravention occurs ≥90 days after the most recent previous contravention in the same vehicle/zone, it is treated as a first contravention — surcharges reset. Common errors: counting from PCN issue date (not detection); aggregating across LEZs; aggregating across vehicles. Each renders surcharge unlawful — reg 8(4)(e).
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.
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Scan my ticketSources
- SSI 2021/177 reg 4
- Schedule 4