Scotland — SPAS appeal: Civic Government (Scotland) Act 1982 grounds
Council PCNs in Scottish 'designated areas' (Decriminalised Parking Enforcement areas) are governed by the Road Traffic Act 1991 Part II as applied to Scotland by the Road Traffic Offenders Act 1988 and Civic Government (Scotland) Act 1982 s.59 (penalty charges). Statutory appeal grounds before the Scottish Parking Appeals Service (SPAS) adjudicators are based on the Road Traffic (Permitted Parking Area and Special Parking Area) Designation Orders for each Scottish council. The grounds are: (a) the contravention did not occur; (b) the recipient was not the owner of the vehicle at the material time; (c) the vehicle had been taken without consent; (d) the recipient is a vehicle hire firm and the vehicle was on hire; (e) the penalty exceeds the amount applicable; (f) the order under which the PCN was issued is invalid; (g) the order was procedurally improper. Note: SPAS adjudicators (https://www.scottishparkingappeals.gov.uk) are independent and a representations process MUST be exhausted with the council before appeal to SPAS. A typical SPAS adjudication runs in writing.
Legal basis
Road Traffic Act 1991 Part II (as applied to Scotland); Civic Government (Scotland) Act 1982 s.59; relevant council Designation Order; Road Traffic Offenders Act 1988
How to identify this in your case
You have a council PCN in Scotland (not LEZ). Council has issued a Notice of Rejection of representations.
Sample appeal wording
[Stage 1: Representations to council] Dear [COUNCIL], Re: PCN [PCN_NUMBER] I make formal representations against this PCN within the statutory representations period. Ground relied on: [SELECT — (a) contravention did not occur / (b) not owner at the time / (c) vehicle taken without consent / (d) hire firm / (e) excessive amount / (f) order invalid / (g) procedural impropriety]. [Set out facts and evidence.] If representations are rejected I will appeal to the Scottish Parking Appeals Service (SPAS) under the relevant Designation Order. Yours faithfully, [NAME] [Stage 2: SPAS appeal] To: Scottish Parking Appeals Service Re: Appeal against Notice of Rejection from [COUNCIL] — PCN [PCN_NUMBER] I appeal under [the Road Traffic (Permitted Parking Area and Special Parking Area) Designation Order [YEAR]] against the council's Notice of Rejection dated [NOR_DATE]. Grounds: [as in representations] Evidence: enclosed at Annexes A–E. Hearing preference: paper / oral telephone / oral hearing. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Road Traffic Act 1991 Part II
- Civic Government (Scotland) Act 1982 s.59