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Rejection letter missing required information

When a council turns down your challenge to a Low Emission Zone penalty, the rejection letter must include all of the following: the reasons for rejecting each ground on which you made representations; your right to appeal to the First-tier Tribunal and the deadline for doing so; the exact grounds on which you can appeal; how and in what form to submit an appeal; the tribunal's power to award expenses; a 50% reduction if you pay within 14 days of the rejection notice being served on you; and what happens if a charge certificate is issued against you. If the letter leaves out any of these — especially the 50% discount offer or the mention of expenses — that is a procedural failure worth raising on appeal — though not an automatic win: the tribunal looks at what the omission actually cost you rather than treating any defect as fatal.

Legal basis

The Low Emission Zones (Emission Standards, Exemptions and Enforcement) (Scotland) Regulations 2021 (S.S.I. 2021/177), regulation 9. Regulation 9(3): where a local authority is satisfied that none of the grounds on which representations are made is established, it must serve on the person by whom those representations were made a notice to that effect (“a notice of rejection”). Regulation 9(4): a notice of rejection must — (a) state the reasons for the local authority’s decision on each ground on which representations were made, (b) state that an appeal against the imposition of the penalty charge may be made to the First-tier Tribunal within the appeal period, or such longer period as the First-tier Tribunal may allow, (c) state the grounds upon which an appeal may be made (being the same grounds as are specified in regulation 8(4)), (d) describe in general terms the manner and form for making an appeal, (e) state that the First-tier Tribunal has power to make an award of expenses, (f) state that if the penalty charge is paid before the end of the period of 14 days beginning with the date of service of the notice of rejection, the penalty charge will be reduced by 50 per cent, and (g) state what follows if a charge certificate is issued. Read at source 2026-08-09. There is a second, differently-named Scottish LEZ instrument at S.S.I. 2021/26; it does not carry this provision.

How to identify this in your case

Read your rejection letter carefully. Ask yourself: does it explain why each of your arguments was rejected? Does it tell you about your right to appeal and the time limit? Does it mention that you can get 50% off if you pay within 14 days of the notice being served on you? Does it say the tribunal can award expenses? If any of these are missing, or the letter just says something vague like 'we have considered your representations' without proper detail, this ground may apply to you.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [COUNCIL], Re: PCN [PCN_NUMBER] — NoR dated [NOR_DATE] The NoR does not comply with reg 9(4). Specifically: [list — (a) does not give reasons addressed to each ground I raised; (e) does not state FtT has power to award expenses; (f) does not state that if I pay within 14 days of NoR the charge will be reduced by 50%]. I request you (i) withdraw the NoR and re-issue a compliant notice or (ii) cancel the PCN. Otherwise I will appeal to FtT(Scotland) on the basis the NoR is procedurally defective and natural justice has been denied. Yours faithfully, [NAME]

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 sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

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Sources

  • SSI 2021/177 reg 9(4)

Related appeal grounds

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