LEZ — Wrong recipient: vehicle not registered (reg 5(2))

Reg 5(2) SSI 2021/177: where the relevant vehicle is not registered under s.21 VERA 1994, penalty is payable by the person who used or kept the vehicle at the time of contravention. PCN served on a 'last known keeper' from a stale DVLA record is mis-served. Common: stolen vehicles where owners did not file SORN; scrapped vehicles where COD not yet linked; cloned vehicles using registration of an unregistered vehicle.

Legal basis

SSI 2021/177 reg 5(2); reg 8(4)(b) and (d)

How to identify this in your case

DVLA records show vehicle not currently registered/SORN/scrapped; you receive a PCN despite not being user/keeper at contravention time.

Sample appeal wording

Dear [COUNCIL], Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground reg 8(4)(b)/(d). Vehicle [VRN] was not, on the detection date, registered under s.21 VERA 1994 — it had been [scrapped on DATE / declared SORN on DATE / cloned (legitimate vehicle scrapped)]. Evidence: certificate of destruction / SORN confirmation / police crime reference. Under reg 5(2) penalty is payable by user/keeper at contravention time — not me. Please cancel. 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(2)