Private e-scooter — no statutory PCN power; private PCN must satisfy Beavis
Private e-scooters are illegal on public roads/pavements (Highways Act 1835 s.72; RTA 1988). A council CANNOT issue a parking PCN to a private e-scooter on the public highway because the statutory PCN scheme presupposes vehicles permitted to be there. On private land, only the landowner's contractual scheme applies. Private operators issuing 'PCNs' to parked private e-scooters often lack any contractual or statutory basis.
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.
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 ticket