Home / Advice / Scotland pavement or double-parking ticket — a registered doctor, nurse or midwife giving urgent care (section 55(5))

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Scotland pavement or double-parking ticket — a registered doctor, nurse or midwife giving urgent care (section 55(5))

The pavement and double parking bans do not apply where the vehicle was being used by a registered medical practitioner, registered nurse or registered midwife for urgent or emergency health care, the care would likely have been hindered otherwise, the vehicle stayed no longer than was reasonable for the care, and no part of it was within 1.5 metres of the far edge of the pavement. It is the registered professional's own use that counts, in any vehicle.

Legal basis

Section 55(1): "This section sets out exceptions to the pavement parking prohibition and the double parking prohibition." Section 55(5): "The pavement parking prohibition and the double parking prohibition do not apply where— (a) the motor vehicle is being used by a registered medical practitioner, registered nurse or registered midwife for or in connection with the provision of urgent or emergency health care, (b) the provision of the care would be likely to be hindered if the vehicle were not parked on a pavement or, as the case may be, as mentioned in section 54(1), (c) the vehicle is so parked for no longer than is reasonable in connection with the provision of the care, and (d) 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)." 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 only if the vehicle was being used by a registered medical practitioner, registered nurse or registered midwife (you, or the person you were driving) for urgent or emergency health care. Then answer: would the care likely have been hindered without parking there; did the vehicle stay no longer than was reasonable for the care; and was every part of it at least 1.5 metres from the far edge of the pavement? Evidence: your professional registration, and a record of the call-out or visit.

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. The exception in section 55(5) of the Transport (Scotland) Act 2019 applied. On [DATE] the vehicle was being used by [me / NAME], a registered [medical practitioner / nurse / midwife] ([REGISTRATION NUMBER]), for or in connection with the provision of urgent or emergency health care at [LOCATION]. The provision of that care would have been likely to be hindered had the vehicle not been parked as it was, because [REASON]. The vehicle was so parked for no longer than was reasonable in connection with the care: [DURATION]. No part of the vehicle was within 1.5 metres of the pavement edge furthest away from the centre of the carriageway. 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(5)
Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(a)