Glasgow LEZ fines 'unenforceable' says tribunal

Glasgow's low emission zone has been running since 1 June

Dozens of drivers have had their Low Emission Zone (LEZ) penalty charges cancelled after a tribunal ruled Glasgow City Council made a "procedural error".

The decision by the Transport Appeal Tribunal for Scotland said the LEZ fines could not be enforced as the council did not serve the fines using recorded or registered post.

More than 20,000 LEZ fines were issued from the start of June to the end of September and 38 have so far been overturned as a result of the ruling.

A spokesman for Glasgow City Council said: "These decisions do not create an obligation to refund penalties which have been paid.”

In a "key decision" on an appeal against an LEZ fine, the tribunal ruled that it was mandatory for any fixed penalty notice sent by post to be tracked.

The first appeal decision was issued on 11 October and a further 37 appeals to the tribunal have been accepted so far on this basis.

The city council said all LEZ penalty charge notices would now be sent by tracked delivery and have been since the end of October.

A council spokesman said: "Our view is that those involved in these cases remain liable to pay their fines and we are appealing the decision in these cases to the Upper-Tier Tribunal."

This latest decision comes after the Court of Session in Edinburgh said the LEZ was lawful and appropriate on 31 October, after a legal challenge from Glasgow business owner, William Paton.

Glasgow City Council said its view is that all outstanding fines must still be paid

So far, the council has made £478,560 from LEZ fines and the council said it is owed an outstanding £830,070.

The number of fines currently unpaid for penalties issued from June to September is at 7,213.

Since the LEZ's introduction on 1 June, more than 20,000 fines have been issued.

This includes 27 fines on vehicles owned by the council itself, which the council said have to be paid for by the drivers.

BBC Scotland News previously reported that in September, 89 vehicles received the maximum £960 fine, imposed when the same vehicle is penalised for the fifth time.

Additionally, there were 83 drivers on their fourth offence in September, costing £480.

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

How do appeals work?

Motorists who are fined must first appeal their penalty to the council.

If the council denies the appeal, the driver can take their case to the First-tier Tribunal.

If that appeal is denied, it can be appealed once more to the Upper Tribunal.

How do fines work?

The owner of any non-compliant vehicle detected within the low emission zone will initially face a fine of £60.

The penalty charge will then double with each subsequent breach, rising to a maximum of £480 for cars and light goods vehicles and £960 for buses and HGVs.

Once that figure is reached, the maximum fine will be imposed for each day that the vehicle enters the zone.

The rate is reset to £60 if there are no breaches for 90 days.

The council said the size of the fine will only start to increase after the vehicle's registered keeper can be expected to have received the first penalty charge notice.