Author Topic: Thousands of Scots drivers could exploit LEZ loophole and have fines quashed  (Read 67 times)

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Thousands of Scots drivers could exploit LEZ loophole and have fines quashed

Story by Mary Wright

Thousands of motorists could escape fines from ­Scotland’s first Low Emission Zone – because the notices were sent out incorrectly.

Dozens of drivers have already appealed the penalties, issued as part of Glasgow’s LEZ, because they were not sent by recorded delivery.

All 38 challenges so far have been upheld by the Transport Appeal Tribunal for Scotland.

Glasgow City Council’s LEZ was introduced in June and has penalised more than 20,000 motorists in four months, boosting the authority’s coffers by almost £500,000.

Now council chiefs are scrambling to close the legal loophole that could entitle thousands of drivers to have their fines quashed.

Alba MP, and former Kenny MacAskill, said: “This failure is potentially catastrophic, driving a coach and horses through the plans.

ALBA's Kenny MacAskill says the mistake is a 'nonsense.'

“They’ll either need to reissue or abandon. What a nonsense.”

Under the LEZ, non-compliant vehicles are banned from areas of the city centre and face a fine of £60, doubling with each subsequent breach, rising to £480 for cars and LGVs, and £960 for buses and HGVs.

Similar schemes are expected to be introduced in Edinburgh, Dundee and Aberdeen next year.

Glasgow City Council has now changed how LEZ fines are sent out in light of the tribunal rulings – but intends to challenge the decisions.

It is appealing to the Upper Tribunal for Scotland against what is described as a “key ­decision” and that case is currently being reviewed.

The rulings forced the council to send out all LEZ penalty notices using recorded delivery, which will add considerably to its costs.

A spokeswoman for the city council said: “All LEZ PCNs will now be sent by tracked delivery.

“Our view is that those involved in these cases remain liable to pay their fines and we are appealing the decision.”

A spokesman for the Scottish Courts and Tribunals Service said: “The tribunal has issued 38 ­decisions in relation to LEZ appeals and all have been allowed.

“The first decision on a LEZ appeal was issued on October 11, 2023 and has been identified as a ‘key decision’.”

Glasgow City Council confirmed it had received 2758 appeals against fines, with 876 successful to the end of September.


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