Home / Advice / Scotland dropped-kerb ticket — the kerb was dropped for access to a driveway or garage (section 57(2))

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Scotland dropped-kerb ticket — the kerb was dropped for access to a driveway or garage (section 57(2))

Scotland's dropped-footway ban covers a pavement lowered, or a road raised, to help pedestrians or cyclists cross. It does not apply where the pavement was lowered or the road raised for access to a driveway or a garage, whether at a home or a business. The letter says which it was and attaches photographs.

Legal basis

Transport (Scotland) Act 2019 section 56(1): "A person must not park a motor vehicle on a carriageway adjacent to a footway where, for the purpose of assisting pedestrians or cyclists to cross the carriageway— (a) the footway has been lowered to meet the level of the carriageway, or (b) the carriageway has been raised to meet the level of the footway." Section 57(2): "The dropped footway parking prohibition does not apply where the footway has been lowered or the carriageway has been raised as described in section 56(1) for the purpose of access to a driveway or to a garage (whether on commercial or residential premises)." 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 dropped kerb (or raised stretch of road) is there so vehicles can get into a driveway or a garage. Photograph the kerb and the driveway or garage it serves, and note which it was: the pavement lowered, or the road raised. Whether the driveway's owner had any complaint about your parking is a separate matter and is not part of this council penalty.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

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. At [LOCATION] the [footway has been lowered to meet the level of the carriageway / carriageway has been raised to meet the level of the footway] for the purpose of access to a [driveway / garage] at [ADDRESS]; photographs are attached. Under section 57(2) of the Transport (Scotland) Act 2019 the dropped footway parking prohibition does not apply where the footway has been lowered or the carriageway has been raised as described in section 56(1) for the purpose of access to a driveway or to a garage (whether on commercial or residential premises). I ask that the enforcement notice be cancelled under regulation 11(2).

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Sources

Transport (Scotland) Act 2019, sections 56(1) and 57(2)
Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(a)