When can you appeal?

 

Before you appeal, you must have already challenged the local authority (council) that issued the Penalty Charge Notice (PCN) for either a parking offence or the Charge Notice (CN) for a bus lane offence. You may also appeal to the First-tier Tribunal if the council removed your vehicle.

If the council has rejected your challenge, they will issue you with a Notice of Rejection. You can then appeal that rejection to this tribunal. Your Notice of Rejection will provide details on how to do this. 

The First-tier Tribunal’s Rules of procedure can be found here:

http://www.legislation.gov.uk/sdsi/2020/9780111044179/schedule

The First-tier Tribunal can only consider an appeal against a Notice of Rejection. 

Not all councils issue PCNs or CNs.

The three councils that issue CNs for Bus Lane infringements are: 

  • Aberdeen City Council
  • Edinburgh City Council
  • Glasgow City Council

There are 21 Councils that issue PCNs for parking offences. These councils are:

  • Aberdeen City Council
  • Angus Council
  • Argyll and Bute Council
  • City of Edinburgh
  • Dundee City Council
  • East Ayrshire Council
  • East Dunbartonshire Council
  • East Lothian Council
  • East Renfrewshire
  • Falkirk Council
  • Fife Council
  • Glasgow City Council
  • Highland Council
  • Inverclyde Council
  • Midlothian Council
  • North Lanarkshire Council
  • Perth and Kinross Council
  • Renfrewshire Council
  • South Ayrshire Council 
  • South Lanarkshire
  • Stirling Council

If your council is not on these lists, you cannot make an appeal to the First-tier Tribunal. 

Contact your local council for further details on other parking ticket types and how to challenge them, or visit mygov.scot for more information. 

Grounds for an appeal 

 

An appeal to the First-tier Tribunal in respect of a PCN must be based on legal grounds described in schedule 6 section 2 of the Road Traffic Act 1991.

These grounds might include that:

  • you did not own the vehicle when it got the ticket
  • it did not happen, for example, your parking time had not run out
  • the vehicle was stolen or taken without your permission
  • the signs or road markings were not correct
  • the penalty was more than it should have been
  • your car was towed away incorrectly, and you want a refund on the recovery fee
  • you are a car hire firm; the vehicle was hired out at the time and the driver signed a 'liability agreement' for any penalty charge notice
  • the council did not follow the procedure set out in the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999

If the council removed your vehicle your appeal must be made under Road Traffic Act 1991, section 72. The grounds of appeal might include:

  • the Contravention did not occur
  • your car was taken without your consent
  • the penalty was more than it should have been

An appeal to the tribunal in respect of a CN must be based on legal grounds described in regulation 9(2) of the Bus Lane Contraventions (Charges, Adjudication and Enforcement)(Scotland) Regulations 2011.

These grounds might include that:

  • it did not happen
  • that regulation 7 (1) (other proceedings pursued) applies
  • you were not the registered keeper at the date of the alleged contravention
  • you are a car hire firm; the vehicle was hired out at the time and the driver signed a 'liability agreement' for any penalty charge notice
  • on that date the vehicle was in control of a person who had assumed control of it without your consent (eg it was stolen or taken without your permission)
  • you were served with the CN because you are vehicle trader, but you were not a vehicle trader, or you were a vehicle trader but not the vehicle trader keeping the vehicle
  • that the charge exceeded the amount applicable in the circumstances of the case

Timescale

 

You have 28 days from receiving your Notice of Rejection to make your appeal. If it is later than this, you will have to give a reason and it may not be accepted.