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legalUK · EnglandDifficulty: moderate

PCN issued for a private e-scooter

Private e-scooters are not legally allowed on public roads or pavements. Because of this, a council has no power to issue you a parking ticket (a PCN) for one left on a public road — the parking ticket system only covers vehicles that are lawfully allowed to be there. On private land, a parking charge can only be valid if a proper contract was formed between you and the landowner or operator, which is often not the case for e-scooters.

Legal basis

Highways Act 1835 s.72; Road Traffic Act 1988; Traffic Management Act 2004 s.78; ParkingEye v Beavis [2015] UKSC 67

How to identify this in your case

Determine: charge from council (impossible) or private operator on private land (test contract formation). Private e-scooters seized by police are dealt with criminally, not via PCN.

Sample appeal wording

Dear [OPERATOR/COUNCIL], Re: Charge [REF] — Private E-Scooter — [DATE] I challenge this charge. 1. If council-issued: there is no statutory power under TMA 2004 to issue a civil parking PCN to a privately-owned e-scooter. Unlawful use is a matter for police criminal enforcement, not civil PCN. The PCN is ultra vires and must be cancelled. 2. If private parking charge: I deny that any contract was formed. There was no signage I was party to, no consideration passed, and ParkingEye v Beavis [2015] UKSC 67 requirements are not met. POFA 2012 keeper-liability does not extend to e-scooters which are not 'motor vehicles' as defined. Please cancel the charge. Yours faithfully, [NAME]

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

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Sources

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