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proceduralUK · ScotlandDifficulty: medium

Ticket sent to wrong person: vehicle not registered

Normally, a penalty notice for a Low Emission Zone breach is sent to the registered keeper of the vehicle. But if the vehicle was not registered at the time of the breach — for example it had been scrapped, cloned, or stolen — the penalty can only be charged to the person who was actually driving or keeping it then. If the authority has simply used an out-of-date DVLA record to find you, the notice has been sent to the wrong person.

Legal basis

SSI 2021/177 reg 5(2); reg 8(4)(b) and (d)

How to identify this in your case

DVLA records show vehicle not currently registered/SORN/scrapped; you receive a PCN despite not being user/keeper at contravention time.

Sample appeal wording

Dear [COUNCIL], Re: PCN [PCN_NUMBER] Representation under reg 8(1); ground reg 8(4)(b)/(d). Vehicle [VRN] was not, on the detection date, registered under s.21 VERA 1994 — it had been [scrapped on DATE / declared SORN on DATE / cloned (legitimate vehicle scrapped)]. Evidence: certificate of destruction / SORN confirmation / police crime reference. Under reg 5(2) penalty is payable by user/keeper at contravention time — not me. Please cancel. Yours faithfully, [NAME]

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

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Sources

  • SSI 2021/177 reg 5(2)

Related appeal grounds

Next steps

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