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proceduralUK · ScotlandDifficulty: medium

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 point you raised; 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 receiving the rejection letter; 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 that the tribunal regularly accepts as a reason to cancel the penalty.

Legal basis

SSI 2021/177 reg 9(4)(a)–(g)

How to identify this in your case

Read rejection letter against reg 9(4). Missing tribunal address, missing 50% post-rejection discount, missing expenses statement, formulaic 'we have considered'.

Sample appeal wording

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]

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

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Sources

  • SSI 2021/177 reg 9(4)

Related appeal grounds

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