Scotland — Pavement parking prohibition: not in force outside enforced council areas
Section 50 of the Transport (Scotland) Act 2019 created a Scotland-wide pavement parking prohibition, but enforcement only commenced from 11 December 2023 — and only in council areas that have made the necessary Designation Orders and have trained enforcement officers. Several councils (notably some rural and Highland authorities) have not yet implemented enforcement. A 'pavement parking PCN' issued by a council before its Designation Order took effect, or in an area with no enforcement designation, is unlawful. Furthermore the s.55 exceptions (emergency services, road works, deliveries up to 20 minutes if ≥1.5m clear, registered medical practitioner emergency) are statutory exemptions — not council discretion.
Legal basis
Transport (Scotland) Act 2019 s.50, s.51 (exemption orders), s.55 (statutory exceptions); Pavement Parking and Double Parking (Enforcement Powers) (Scotland) Regulations 2023 (SSI 2023/315)
How to identify this in your case
Pavement parking PCN issued by council that has not yet started enforcement; or vehicle was performing a delivery / loading within the s.55(6) 20-minute exception.
Sample appeal wording
Dear [COUNCIL], Re: Pavement Parking PCN [PCN_NUMBER] Representations: the contravention did not occur (or, in the alternative, an exception applies). [Use applicable:] — [COUNCIL] has not yet made the necessary Pavement Parking Enforcement Designation Order under s.50 of the Transport (Scotland) Act 2019 and the Pavement Parking (Scotland) Regulations 2023. Until that Order is in force, there is no civil enforcement of the s.50 prohibition in this area. — The vehicle was being used within the s.55(6) loading/delivery exception: in the course of business delivering goods to / collecting goods from [PREMISES]; could not reasonably be carried out without parking on the pavement; no part of the vehicle within 1.5m of the far pavement edge; parked for [N] minutes only, less than the 20-minute statutory limit. — The vehicle was being used by a registered [medical practitioner / nurse / midwife] for urgent or emergency healthcare under s.55(5). Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Transport (Scotland) Act 2019 s.50, s.55
- SSI 2023/315