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Legal Matters
Scotland
Council wins appeal on LEZ fines by post

The Inner House of the Court of Session has ruled in favour of Glasgow City Council in an appeal over the use of untracked post to notify motorists of low emission zone (LEZ) penalties. The Transport Appeal Tribunal for Scotland had previously ruled that only penalty charge notices (PCNs) sent by recorded or registered post were enforceable, overturning 38 fines, and potentially threatening the reversal of more than £1.2m in fines. However, Lord Pentland, delivering the opinion, said that in "cases where it is undisputed that the purpose of serving the PCN has in fact been fulfilled, there seems no reason to suppose that Parliament would nonetheless have intended the PCN to be unenforceable, essentially on the basis of a technicality".

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