Home / Advice / Scotland pavement or double-parking ticket — road works, clearing an obstruction, council waste collection or postal services (section 55(3))

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Scotland pavement or double-parking ticket — road works, clearing an obstruction, council waste collection or postal services (section 55(3))

The pavement and double parking bans do not apply where the vehicle was being used for road works (as the Act defines them), removing an obstruction to traffic, collecting waste for a council, or postal services, and it could not reasonably be so used without parking that way, stayed no longer than necessary, and no part of it was within 1.5 metres of the far edge of the pavement. It is the vehicle's use at the time that counts, not the driver's job title.

Legal basis

Section 55(1): "This section sets out exceptions to the pavement parking prohibition and the double parking prohibition." Section 55(3): "The pavement parking prohibition and the double parking prohibition do not apply where the motor vehicle— (a) is being used for or in connection with— (i) the undertaking of works in roads, (ii) the removal of an obstruction to traffic, (iii) the collection of waste by or on behalf of a local authority, (iv) postal services (within the meaning of section 125(1) of the Postal Services Act 2000), (b) cannot reasonably be so used without being parked on a pavement or, as the case may be, as mentioned in section 54(1), (c) is so parked for no longer than is necessary for that use, 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)." Section 55(4): "In subsection (3)(a)(i), “works in roads” includes— (a) road works within the meaning given by section 107(3) of the New Roads and Street Works Act 1991, (b) works for roads purposes within the meaning given by section 145(2) of that Act, (c) major works for roads purposes with the meaning given by section 145(3) of that Act, (d) cleaning, placing, removing or adjusting by or on behalf of a roads authority (within the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any equipment or structure which is placed on or over a road." 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 itself was being used, at that time, for one of the four listed things: works in roads, removing an obstruction to traffic, collecting waste for a council, or postal services. Being an employee of such a body on some other errand does not count. Then answer: could the vehicle not reasonably have been used for that without parking there; did it stay no longer than that use needed; and was every part of it at least 1.5 metres from the far edge of the pavement? Evidence: the works permit, the employer's or council's confirmation, the job record.

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(3) of the Transport (Scotland) Act 2019 applied. On [DATE] the vehicle was being used for or in connection with [the undertaking of works in roads / the removal of an obstruction to traffic / the collection of waste by or on behalf of a local authority / postal services] at [LOCATION]: [DESCRIPTION]. The vehicle could not reasonably have been so used without being parked as it was, because [REASON]. It was so parked for no longer than was necessary for that use: [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), 55(3) and 55(4)
Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulations 10(2) and 10(4)(a)