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Scotland dropped-kerb ticket — parked to save life or respond to a similar emergency (section 57(3))

The dropped-footway ban does not apply where the driver parked to save life or respond to a similar emergency, the purpose would likely have been hindered otherwise, and the vehicle stayed no longer than that purpose needed. There is no clearance condition in this exception.

Legal basis

Transport (Scotland) Act 2019 section 57(3): "The dropped footway parking prohibition does not apply where— (a) the person has parked the motor vehicle for the purpose of saving life or responding to another similar emergency, (b) the achievement of that purpose would be likely to be hindered if the vehicle were not parked as mentioned in section 56(1), (c) the vehicle is so parked for no longer than is necessary for that purpose." 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

Answer all three: (1) Did you park to save life or to respond to another emergency of that kind? (2) Would that have been likely to be hindered if you had not parked there? (3) Did the vehicle stay no longer than the emergency needed? If any answer is no, do not use this. Evidence: whatever records the emergency, such as a 999 call log, a hospital or ambulance record, or 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. The exception in section 57(3) of the Transport (Scotland) Act 2019 applied. On [DATE] I parked the vehicle at [LOCATION] for the purpose of [saving life / responding to the following emergency: DESCRIPTION]. The achievement of that purpose would have been likely to be hindered had the vehicle not been parked as it was, because [REASON]. The vehicle was so parked for no longer than was necessary for that purpose: [DURATION]. 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 57(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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