Scotland pavement, dropped-kerb or double-parking ticket — the penalty charge demanded is more than the regulations allow (regulation 10(4)(b))
For these Scottish tickets the regulations fix the penalty charge, the reduction for paying within 14 days, and the increase when a charge certificate is served. The ground is that the amount demanded is MORE than the regulations allow in your situation, not merely that two documents differ: a charge certificate lawfully adds the increase the regulations provide for. The letter quotes your documents and the regulation, asks the council to say under which paragraph the amount was arrived at, and asks for the notice to be cancelled and any sum refunded if the amount exceeds what is payable. It never proposes a figure of its own.
Legal basis
Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373) regulation 2: "(1) The penalty charge payable in respect of a contravention is £100. (2) If a penalty charge is paid before the end of a period of 14 days beginning with the date on which notice of a penalty charge is given under regulation 4 or served under regulation 5, the penalty charge is reduced by 50 percent. (3) Where a charge certificate is served under regulation 9(2), the penalty charge is increased by 50 percent." Regulation 10(4)(b): the ground "that the penalty charge exceeds the amount payable in the circumstances of the case". Read at legislation.gov.uk (latest available text) on 2026-09-09.
How to identify this in your case
Use this only where the penalty charge demanded is more than regulation 2 provides for your situation: more than the penalty charge in regulation 2(1), or, where a charge certificate has been served, more than the increased charge regulation 2(3) provides. Do not use this merely because a charge certificate added the increase, or because two documents differ: the regulations allow the increase. If you paid the reduced charge within 14 days and were still pursued, that is not this ground but regulation 10(4)(g): use the 'already paid' argument instead. Quote your documents word for word; do not work out a figure yourself.
Beat It is not using this argument right now
We do not put this argument in letters: whether it applies depends on the exact figures on your notice, and we would rather not argue a sum we have not checked. When your scan shows a printed contravention code and amount that are clearly the wrong level, Beat It raises that itself. Scan your ticket — the engine looks for every other ground that fits.
Scan my ticketSources
- Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 2 and 10(4)(b)
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings