Home / Advice / Scotland pavement or double-parking ticket — a business delivery, collection, loading or unloading (section 55(6))
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Scotland pavement or double-parking ticket — a business delivery, collection, loading or unloading (section 55(6))

The pavement and double parking bans do not apply to a business delivery, collection, loading or unloading that meets all four conditions in the Act: it could not reasonably be done without parking that way; no part of the vehicle was within 1.5 metres of the far edge of the pavement; and the vehicle stayed no longer than the job needed and never more than 20 continuous minutes. All four must be true, and the letter must include whatever evidence you have of them.

Legal basis

Section 55(1): "This section sets out exceptions to the pavement parking prohibition and the double parking prohibition." Section 55(6): "The pavement parking prohibition and the double parking prohibition do not apply where— (a) the motor vehicle is, in the course of business— (i) being used for the purpose of delivering goods to, or collecting goods from, any premises, or (ii) being loaded from or unloaded to any premises, (b) the delivery, collection, loading or unloading cannot reasonably be carried out without the vehicle being parked on a pavement or, as the case may be, as mentioned in section 54(1), (c) no part of the vehicle is within 1.5 metres of the pavement edge which is furthest away from the centre of the carriageway (however that edge is bounded), (d) the vehicle is so parked for no longer than is necessary for the delivery, collection, loading or unloading and in any event for no more than a continuous period of 20 minutes." Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373) regulation 10(2): representations "must include any available evidence relevant to the specified ground relied upon"; regulation 10(4)(a). Read at legislation.gov.uk (latest available text) on 2026-09-09.

How to identify this in your case

Answer all four before using this. (1) Was the vehicle, in the course of business, delivering goods to or collecting goods from premises, or being loaded from or unloaded to premises? (2) Why could that not reasonably have been done without the vehicle being parked as it was (on the pavement; or, for a double-parking ticket, with no part of it within 50 centimetres of the edge of the road as the Act defines that edge: a solid white edge line, the kerb, or where the surface meets the verge)? (3) Was every part of the vehicle at least 1.5 metres from the edge of the pavement furthest from the road? (4) Was the vehicle there no longer than the job needed, and no more than 20 minutes in one continuous period? If any answer is no, do not use this. Evidence: a delivery note or job sheet with times, a photograph showing the clearance, the business's confirmation.

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 55(6) of the Transport (Scotland) Act 2019 applied. On [DATE] the vehicle was, in the course of business, [delivering goods to / collecting goods from / being loaded from / being unloaded to] [PREMISES]. That could not reasonably have been carried out without the vehicle being parked as it was, because [REASON]. No part of the vehicle was within 1.5 metres of the pavement edge furthest away from the centre of the carriageway. The vehicle was so parked for no longer than was necessary for that [delivery / collection / loading / unloading] and in any event for no more than a continuous period of 20 minutes: [TIMES]. Transport (Scotland) Act 2019 section 55(6) provides that the pavement parking prohibition and the double parking prohibition do not apply in those circumstances. 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, sections 55(1) and 55(6)
  • Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(a)

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