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Scotland — Transport Appeals (First-tier Tribunal for Scotland): Free Independent Appeal

The Transport Appeals jurisdiction of the General Regulatory Chamber, First-tier Tribunal for Scotland provides free, independent adjudication for Scottish council parking PCN appeals. (This function was previously run as the Parking Appeals Service for Scotland / 'PASS'; it transferred to the First-tier Tribunal for Scotland in 2020 and was renamed Transport Appeals from 1 June 2023, when it also took on Low Emission Zone penalty appeals.) After a Notice of Rejection of Representations from the council, the motorist has 28 days to lodge an appeal. Adjudicators can cancel PCNs on the statutory grounds (signage/TRO defects, procedural errors) and consider mitigation. Many councils concede before the hearing.

Legal basis

Road Traffic Act 1991; Parking Appeals (Scotland) Regulations 2009 (SSI 2009/82); functions transferred to the First-tier Tribunal for Scotland by the First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (SSI 2020/95); procedure under the First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020.

How to identify this in your case

You have received a Notice of Rejection of Representations from a Scottish council. You have 28 days from that notice to appeal to the Transport Appeals jurisdiction of the First-tier Tribunal for Scotland (General Regulatory Chamber) — generalregulatorychamber.scot/home/transportappeals. The penalty is frozen during the appeal.

Sample appeal wording

FIRST-TIER TRIBUNAL FOR SCOTLAND (GENERAL REGULATORY CHAMBER) — TRANSPORT APPEALS — NOTICE OF APPEAL Appellant: [NAME] Vehicle Registration: [REG] PCN Number: [NUMBER] Council: [COUNCIL NAME] Date of Notice of Rejection: [DATE] GROUNDS OF APPEAL: [State grounds in full — e.g. signage non-compliant / outside enforcement hours / observation period too short / procedural defect] I attach the following supporting documents: [list attachments] I request [a personal hearing / a written decision] and ask that the adjudicator cancel this PCN. [NAME] [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

https://generalregulatorychamber.scot/home/transportappeals
https://www.mygov.scot/parking-bus-lane-fine/penalty-charge-notice
First-tier Tribunal for Scotland (Transfer of Functions of Parking Adjudicators) Regulations 2020 (SSI 2020/95)