Home / Advice / Scotland pavement, dropped-kerb or double-parking ticket — the vehicle was being used without your consent

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Scotland pavement, dropped-kerb or double-parking ticket — the vehicle was being used without your consent

For these Scottish tickets it is a ground of challenge that, at the time, the vehicle was in the control of a person who did not have the registered keeper's consent. The letter states the facts and attaches the police report or other record.

Legal basis

Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373) regulation 10(4)(e): the ground "that at the time that the alleged contravention occurred, the relevant vehicle was in the control of a person who did not have the consent of the registered keeper". Regulation 10(2). Read at legislation.gov.uk (latest available text) on 2026-09-09.

How to identify this in your case

Use this if the vehicle had been taken, or was being driven, without your consent at the time on the ticket, for example after a theft. Evidence: the police crime reference and report, the insurer's record, and the dates the vehicle was out of your control.

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)(e) that at the time the alleged contravention occurred the relevant vehicle was in the control of a person who did not have the consent of the registered keeper. [FACTS: when and how the vehicle left my control, the police crime reference, when it was recovered.] 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

Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(e)