Challenging a Scottish Low Emission Zone penalty

Scotland's four LEZs share one set of national rules. They differ from England and London in useful ways: the council must serve the notice within 28 days of the journey, "extenuating circumstances" is a full legal ground, and you can ask for the camera record free of charge.

The six grounds (reg 8(4))

• The contravention did not occur (compliant, exempt, or not in the zone).
• You were not the registered keeper on the detection date.
• You were the keeper but someone else is liable: a hirer, a buyer, or a motor trader (with their name and address).
• You were served as hirer, buyer or trader but the penalty is not payable by you.
• The penalty exceeded the amount applicable, for example a wrong surcharge.
• The contravention did occur but, given extenuating circumstances, a penalty would be unreasonable.

The 28-day service rule

A penalty notice must be served before the end of 28 days beginning with the detection date (reg 6(2)). The only extension is where the council asked the DVLA for keeper details within 14 days and did not get them in time; it then has 14 days from receiving them (reg 6(3)). Check the dates on your notice.

Ask for the evidence

You can ask the council in writing for a free copy of the camera record or stills, and it must provide them within 14 days (reg 6(5)(n) and 6(6)).

Surcharges

Repeat contraventions in the same vehicle and zone add surcharges: £60, £120, £240, then £480 for cars and vans, or £960 for buses, coaches, minibuses and HGVs, with 50% off within 14 days. If 90 days pass with no contravention it resets to £60 (reg 4(6)–(7)).

Appeal

After a notice of rejection, appeal to the First-tier Tribunal for Scotland (General Regulatory Chamber) within 28 days of its service, or a longer period the tribunal allows (regs 9–10).