Scotland — Mobility allowance / motability scheme leased vehicle
Where a vehicle is held under the Motability Scheme (lease via Motability Operations Ltd, formal leases of 3–5 years to disabled people), the lessee is the user but Motability Operations Ltd is the registered keeper. For LEZ PCNs in Scotland this triggers reg 5(4) (hire vehicle — see UK-LEZ-SCO-006): liability transfers to the lessee under a qualifying hiring agreement. Motability lease agreements satisfy the s.66 RTOA 1988 particulars. For private parking, similarly — Motability is the keeper and any keeper-targeted demand is misdirected. Additionally, Motability customers are by definition disabled persons and engage Equality Act protection.
Legal basis
SSI 2021/177 reg 5(4); RTOA 1988 s.66; Motability Operations Ltd lease agreement; Equality Act 2010 ss.20–22
How to identify this in your case
Vehicle is on Motability lease (V5C will show Motability Operations Ltd as registered keeper; lessee will hold a separate Motability lease document).
Sample appeal wording
Dear [COUNCIL / OPERATOR], Re: PCN [PCN_NUMBER] The registered keeper of vehicle [VRN] is Motability Operations Ltd. I am the lessee under Motability Scheme lease [REF] (copy enclosed). [If LEZ PCN to Motability Operations:] Liability under reg 5(4) SSI 2021/177 falls on the lessee — i.e., me — because the lease satisfies the s.66 RTOA 1988 particulars; please re-serve on me directly. [If private parking PCN to Motability:] Direct your demand (if any) to the lessee; you have no Scottish-keeper claim against Motability or against me as keeper (POFA does not apply in Scotland). I am a disabled person on the Motability Scheme; I hold a Blue Badge ([BADGE_NUMBER]). Under reg 3(1)(b) SSI 2021/177 the vehicle is exempt from the LEZ restriction whenever I am the driver. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- SSI 2021/177 reg 5(4)
- Motability Scheme lease terms