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proceduralUK · ScotlandDifficulty: medium

LEZ ticket should go to the hirer, not the rental firm

When a vehicle is rented out, responsibility for a Low Emission Zone penalty normally passes from the rental company to the person who hired the vehicle — but only if the hire agreement was for a fixed period and contains certain required details. If those conditions are met, the council must chase the hirer, not the rental company. If the agreement was open-ended or is missing the required details, the transfer does not work and the rental company stays liable.

Legal basis

SSI 2021/177 reg 5(4); RTOA 1988 s.66; CCA 1974 s.189(1)

How to identify this in your case

PCN issued to you as hirer; or to your business as registered keeper but vehicle was on hire on detection date.

Sample appeal wording

Dear [COUNCIL] LEZ Team, Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground [(c) keeper but liable is hirer / (d) hirer but agreement defective]. [If keeper:] On [DETECTION_DATE] the vehicle was on hire to [HIRER_NAME], [ADDRESS] under hiring agreement [REF] dated [DATE] (enclosed). The agreement contains the s.66 RTOA 1988 particulars, the hire is for a fixed period, and it is not a hire-purchase agreement within s.189(1) CCA 1974. Under reg 5(4) the penalty is payable by [HIRER_NAME]. [If hirer:] The hire agreement does not contain the s.66 RTOA particulars [or is a hire-purchase agreement / does not specify a fixed period]. Reg 5(4) does not apply. Please cancel and (if applicable) re-serve the correct person. Yours faithfully, [NAME]

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

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Sources

  • SSI 2021/177 reg 5
  • RTOA 1988 s.66

Related appeal grounds

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