Scotland pavement ticket — no wheel was on the pavement

Under the Scottish ban a vehicle is only "parked on a pavement" if it is stationary and at least one wheel, or part of a wheel, is on the pavement. Bodywork overhanging the pavement with all four wheels on the road is not enough. This argument asks the council for the photographs and notes showing a wheel on the pavement.

Legal basis

Transport (Scotland) Act 2019 section 50(2)(a): for the purposes of the pavement parking prohibition "a motor vehicle is parked on a pavement if— (i) it is stationary, and (ii) one or more of its wheels (or any part of them) is on any part of the pavement". Transport (Scotland) Act 2019 section 50(4): "“pavement” means a footpath or footway", each "to be construed in accordance with section 151(2) of the Roads (Scotland) Act 1984". Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373) regulation 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 every wheel was on the road and nothing but bodywork (a mirror, a bumper, a load) overhung the pavement. If any part of any wheel was on the pavement, this argument does not apply. Your own photographs, if you took any, go with the letter.

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. Under section 50(2)(a) of the Transport (Scotland) Act 2019 a motor vehicle is parked on a pavement only if it is stationary and "one or more of its wheels (or any part of them) is on any part of the pavement". [All four wheels of the vehicle were on the carriageway; only bodywork overhung the pavement.] The authority is asked to produce the enforcement officer's photographs and notes showing a wheel of the vehicle, or any part of one, on the pavement. If the authority holds no such evidence, I ask that the enforcement notice be cancelled under regulation 11(2).

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Sources

Transport (Scotland) Act 2019, sections 50(2)(a) and 50(4)
Parking Prohibitions (Enforcement and Accounts) (Scotland) Regulations 2023 (S.S.I. 2023/373), regulation 10(4)(a)