Author Topic: 'PCN' - Edinburgh LEZ  (Read 57 times)

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PocketGuy

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'PCN' - Edinburgh LEZ
« on: April 14, 2025, 04:14:53 pm »
Hi Folks

Brand new here - arrived via a pointer from the MSE forum.

I live in Porto, Portugal now, but was briefly back home and visiting family in Edinburgh and Glasgow last month when I fell foul of an enforced LEZ boundary in Edinburgh.
   
Basically, we crossed a boundary realising that we were going into a LEZ, as the traffic flow gave us no opportunity once the sign became visible, then turned around within 20 m and exited - I have some evidence of this.

Looking to see how I proceed, as Edinburgh City Council won't engage in a conversation about this - I got an automated email response to my email saying (roughly) 'pay or appeal using the process given' and that no enquiries would be responded to.

The camera shot on the Notice shows the car parked, as we were just inside the boundary marker and waiting to turn around to exit.

My Google Timeline shows (albeit roughly) that we left the street, retraced our route, then came back on the correct route (passing the edge of the LEZ boundary) and avoided it completely.

Question is... I clearly entered the zone, notwithstanding that we were barely there for 2 minutes and no more than 20m into the zone. Am I wasting my time asking for clemency/fighting this, or should I make a representation?

It's currently a £30 charge (I thought it was £90, but apparently that's if I contest it and they find against me).

Don't really want to pay, but not averse to doing so if the risk of ending up paying £90 is high.

Appreciate any feedback/advice you can offer.

Thanks in advance 😁

Images:
Contravention Notice


Maps Timeline showing [very roughly] the 3 driving routes: into N Charlotte St, back along Queen Street, then back the 'right' way, avoiding the LEZ
« Last Edit: April 14, 2025, 04:23:06 pm by PocketGuy »

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Incandescent

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Re: 'PCN' - Edinburgh LEZ
« Reply #1 on: April 14, 2025, 09:15:06 pm »
You'd better have a read of these regulations then : -
https://www.legislation.gov.uk/ssi/2021/177/contents/made

Please post all sides of the PCN, and also un-redact the vehicle registration number on Page 1 and repost. As far as I know this is the first thread on this forum for a Scottish LEZ. However, it is similar to English ones, and involves service of a Penalty Charge Notice that you can pay or submit representations against.

Edit
Except that there are two key differences -

1. The PCN penalty goes up and up the more times the same non-compliant vehicle enters the zone. This is the most draconian scheme I have ever seen, outrageous in my opinion.

2. There is a statutory ground I've never seen before which one has to wonder how it can possibly be proved: -
   
Quote
(f)that the contravention did occur but in light of extenuating circumstances, it would be unreasonable to
   impose a penalty charge notice.
So who decides when something is "unreasonable" !
It's in Regulation 8
https://www.legislation.gov.uk/ssi/2021/177/regulation/8/made
« Last Edit: April 15, 2025, 12:08:07 am by Incandescent »

PocketGuy

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Re: 'PCN' - Edinburgh LEZ
« Reply #2 on: April 15, 2025, 06:13:31 pm »
Many thanks for the reply - it's very much appreciated.

Happy to unredact (or simply declare) the reg. but to what end, may I ask? Why is this useful?

I'm pretty twitchy about what the Council might deem "unreasonable" grounds for enforcement and am veering towards paying the £30 rather than risking the £90 that I'll almost certainly have to pay if they don't see the circumstances for the alleged contravention as 'reasonable' or extenuating.... and I strongly suspect they'll take this view, having a) dealt with them before and b) noting your very valid point about the ever-increasing charge as being "draconian".

That belies a particular mentality, IMNSHO, which does not bode well.

Seems to me that this setup is a racket to shake out £30 charges from the unsuspecting motorist, rather than a legitimate mechanism to mitigate the impact on the city environment.

I can't seem to edit the original post, so here's the back of the Notice...

Thanks again.
« Last Edit: April 15, 2025, 06:20:13 pm by PocketGuy »

Daim456

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Re: 'PCN' - Edinburgh LEZ
« Reply #3 on: April 15, 2025, 07:45:07 pm »
It  can be helpful if the reg is shown so we can check if your vehicle is compliant with LEZ.

Do not worry about £90, it would not happen unless you ignore everything and they would issue the Charge Certificate.

£60 is the maximum you pay even the Tribunal make a ruling against you.

However the photograph showing you exiting the LEZ Zone.

I would tempted to make a representation that they did not show you entrying in a LEZ Zone. The North Charlotte Street leading to Queen Street is LEZ Zone.

You could ask the Council for video footage and post it up here.

PocketGuy

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Re: 'PCN' - Edinburgh LEZ
« Reply #4 on: April 15, 2025, 08:39:44 pm »
Ah, understood.
I've checked the car and it isn't (compliant). It's pre-Euro 6 [Diesel] spec.

£90 - that's comforting to know.

The Council did finally respond to my email... saying the only way to get enquiries/questions dealt with was to submit a representation as per the reverse of the PCN letter.

I can try again with a direct email and ask for evidence of me leaving the zone, but I'd not hold out much hope.

The PCN picture is of the car parked at the beginning of the LEZ (just after the LEZ warning sign), waiting for traffic to pass so we could turn around and leave.

If you look at the attached, you can see the boundary between Albyn Place and N Charlotte St. The white truck in the pic just around the bend is where the car was.

Good idea to ask for the exit footage - hadn't thought of that.

Looking at the precise boundary line on the Council's map, it appears that I was no more than 10m inside the LEZ boundary, and went no further into it than that... but there is, technically, a contravention. The LEZ boundary starts just after the road bends into N Charlotte St, and I was parked on the straight section, more or less outside #2 N Charlotte St.

Thanks also for pointing out my misreading of the text - it read to me as if I'd be charged an extra 50% if I were to contest - didn't connect the "If you do *not* pay the charge" with the next statement properly.

Incandescent

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Re: 'PCN' - Edinburgh LEZ
« Reply #5 on: April 15, 2025, 11:49:12 pm »
Don't miss the deadine for submitting reps or making payment. We see rather too many people not realising there is a clock ticking from the day a PCN is considered served to its recipient. The PCN explains how to submit reps, so you need to follow the process defined there.