Home / Advice / Scotland double-parking ticket — stationary because of traffic or circumstances beyond your control (section 54(3))
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Scotland double-parking ticket — stationary because of traffic or circumstances beyond your control (section 54(3))

For the Scottish double parking ban a vehicle is not "parked" at all if it was stationary because of the necessities of traffic or otherwise as a result of circumstances beyond the driver's control. The letter states exactly what happened and for how long, and attaches the evidence. A breakdown is not automatically beyond your control: say what happened and why it was outside your control.

Legal basis

Transport (Scotland) Act 2019 section 54(3): "But a motor vehicle is not parked for those purposes if it is stationary— (a) due to the necessities of traffic, or (b) otherwise as a result of circumstances beyond the driver's control." Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373) regulations 10(2) and 10(4)(a). Read at legislation.gov.uk (latest available text) on 2026-09-09.

How to identify this in your case

Use this if the vehicle was stationary because of traffic, a road blocked ahead, or something else outside your control, such as a mechanical failure, or a sudden illness, that stopped the vehicle where it was. Say exactly what happened, why it was outside your control, and how long the vehicle stayed. If you simply chose to stop there, do not use this. Evidence: a breakdown-service record, a dashcam still, a witness.

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.

I make representations under regulation 10(1) of the Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 on the ground in regulation 10(4)(a) that the alleged contravention did not occur. Under section 54(3) of the Transport (Scotland) Act 2019 a motor vehicle is not parked for the purposes of the double parking prohibition "if it is stationary— (a) due to the necessities of traffic, or (b) otherwise as a result of circumstances beyond the driver's control". The vehicle was stationary at [LOCATION] on [DATE] because [CIRCUMSTANCES], for [DURATION]; [why that was beyond the driver's control: REASON]. In those circumstances the vehicle was not parked within the meaning of section 54 and no contravention of section 54(1) occurred. I enclose the evidence relevant to this ground, as regulation 10(2) requires: [EVIDENCE]. I ask that the enforcement notice be cancelled under regulation 11(2).

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Sources

  • Transport (Scotland) Act 2019, section 54(3)
  • Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(a)

Related appeal grounds

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