Vehicle leased through the Motability Scheme
If your car is leased through the Motability Scheme, Motability Operations Ltd — not you — is listed as the registered keeper on the vehicle's registration document. For Low Emission Zone penalty notices in Scotland, liability can transfer from the keeper to you as the driver under the rules that apply to hire or lease vehicles, provided your lease agreement meets the required conditions (Motability leases do meet these conditions). For private parking tickets aimed at the 'keeper', any demand sent to Motability Operations Ltd is sent to the wrong person. As a Motability customer you are also a disabled person, which means the organisation issuing the ticket has legal duties under equality law that they must consider.
Legal basis
SSI 2021/177 reg 5(4); RTOA 1988 s.66; Motability Operations Ltd lease agreement; Equality Act 2010 ss.20–22
How to identify this in your case
Vehicle is on Motability lease (V5C will show Motability Operations Ltd as registered keeper; lessee will hold a separate Motability lease document).
Sample appeal wording
Dear [COUNCIL / OPERATOR], Re: PCN [PCN_NUMBER] The registered keeper of vehicle [VRN] is Motability Operations Ltd. I am the lessee under Motability Scheme lease [REF] (copy enclosed). [If LEZ PCN to Motability Operations:] Liability under reg 5(4) SSI 2021/177 falls on the lessee — i.e., me — because the lease satisfies the s.66 RTOA 1988 particulars; please re-serve on me directly. [If private parking PCN to Motability:] Direct your demand (if any) to the lessee; you have no Scottish-keeper claim against Motability or against me as keeper (POFA does not apply in Scotland). I am a disabled person on the Motability Scheme; I hold a Blue Badge ([BADGE_NUMBER]). Under reg 3(1)(b) SSI 2021/177 the vehicle is exempt from the LEZ restriction whenever I am the driver. Please cancel the PCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- SSI 2021/177 reg 5(4)
- Motability Scheme lease terms
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings