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Appendix 1 Service Procedure for Pavement Double Dropped Kerb Parking_v0.5_

Argyll and Bute Council · 11 September 2025
Back to Environment, Development and Infrastructure Committee — 11 September 2025 and its agenda

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ROADS AND
INFRASTRUCTURE SERVICES 
Service Procedure for Pavement,
Double & Dropped Kerb Parking 
Transport (Scotland) Act 2019 
Author Stuart Watson
Owner Head of Roads & Infrastructure
Services
Date April 2025
Version Final v0.5

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Document Information 
Title Service Procedure for Pavement, Double & Dropped Kerb Parking 
Author Stuart Watson
Description Guidance covering the legislation 
Document History 
Version Status Date Author Changes made
0.1 Draft 15/01/2025 Stuart
Watson
New document for the provision set out under
Part 6 (Parking Prohibitions) of the Transport
(Scotland) Act 2019 
0.2 DRAFT 12/02/2025 Stuart
Watson
Amendments – comments from Donna
Lawson, Keith Tennant, Fran Millar
0.3 DRAFT  27/02/2025 Stuart
Watson
Typos etc.
0.4 Draft 27/02/2025 Stuart
Watson
Following review by Susie Sinclair
0.5 Final 16/04/25 Stuart
Watson
HO’N comments

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Contents
1.0 Introduction ........................................................................................................................................... 4
2.0 Governing Legislation ......................................................................................................................... 5
3.0 Assessment Process ........................................................................................................................... 8
4.0 Exemption Order Process ................................................................................................................ 10
5.0 Signing and Lining ............................................................................................................................. 14
6.0 Enforcement ....................................................................................................................................... 17
7.0 Processing of PCNs & Enforcement Notices ................................................................................ 19
8.0 Appendix 1 – Section 55 Exceptions to pavement parking prohibition and double-parking
prohibition ......................................................................................................................................................... 22
9.0 Appendix 2 – The Transport (Scotland) Act 2019 (Pavement Parking Prohibition) (Footway
and Associated Carriageway Characteristics) Directions 2022 ............................................................... 24
10.0 Appendix 3 – Assessment Form ..................................................................................................... 25
11.0 Appendix 4 – Notice of Proposals template ................................................................................... 27
12.0 Appendix 5 – Statement of Reasons template .............................................................................. 28
13.0 Appendix 6 – Form of Order and Plan ............................................................................................ 29
14.0 Appendix 7 – Notice of Making an Exemption Order template ................................................... 33
15.0 Appendix 8 - Route A – PCN Issued under Regulation 4 ............................................................ 34
16.0 Appendix 9 - Route B – PCN Issued under Regulation 5 ............................................................ 36

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1.0 Introduction 
1.1 The Transport (Scotland) Act 2019 received Royal Assent on 15 November 2019. 
Part 6 of the Act refers to the Pavement Prohibitions.  This includes parking
prohibitions relating to footway, dropped kerb and double parking.   
1.2 The pavement prohibitions are primarily intended to improve accessibility, with a
particular emphasis on vulnerable road users, by affording walkers and wheelers the
ability to use footways and dropped kerbs without being impeded by parked vehicles. 
1.3 This Service Procedure provides guidance on the assessment and implementation of
Exemption Orders, the signing and lining requirements and the enforcement of the
prohibitions (including the issue and processing of Penalty Charge Notices). 
1.4 Where there is any doubt, the legislation and regulations take precedence.

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2.0 Governing Legislation 
2.1 This guidance document is based on the following:
• The Transport (Scotland) Act 2019 (“the Act”)
• The Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland)
Regulations 2022 (“2022 Regs”)
• The Parking Prohibitions (Enforcement and Accounts) (Scotland)
Regulations 2023 (“2023 Regs”)
• The Transport (Scotland) Act 2019 (Pavement Parking Prohibition) (Footway
and Associated Carriageway Characteristics) Directions 2022 (“Ministerial
Direction 2022”)
• The Traffic Signs Regulations and General Directions 2016 (“TSRGD”)
• The Traffic Signs Manual (“TSM”)
• The Road Traffic Regulation Act 1984 (“RTRA1984”) 
2.2 Recognising the following is written using legal language and may not be easy for
the lay person to interpret, Section 6 of this Service Procedure sets out the
enforcement of the below in plain English. 
2.3 Part 6, Sections 50-69, of the Act covers the Parking Prohibitions.  The following
definitions are provided within Part 6, s69:
• “double parking prohibition” has the meaning given by section 54(1),
• “dropped footway parking prohibition” has the meaning given by section
56(2),
• “exemption order” has the meaning given by section 51(1),
• “footway” has the meaning given by section 50(4),
• “motor vehicle”
o (a)in relation to the pavement parking prohibition, has the meaning
given by section 50(4),
o (b) in relation to the double parking prohibition and the dropped
footway parking prohibition, has the meaning given by section 54(5),
• “pavement” has the meaning given by section 50(4),
• “pavement parking prohibition” has the meaning given by section 50(1),
• “road” has the meaning given by section 151(1) of the Roads (Scotland) Act
1984,
• “traffic authority” means, in relation to a footway, the body which has the
function of making Traffic Regulation Orders under section 1 of the Road
Traffic Regulation Act 1984. 
2.4 Within the Act, the term “pavement parking” refers to parking on a “footway” or
“footpath” as defined within the Roads (Scotland) Act 1984, s151(2)(a).  Paragraph
6.6 provides the definitions of footways and footpaths. 
Pavement Parking 
2.5 Section 50 of the Act requires that a person “…must not park a motor vehicle on a
pavement…”.  It further states that for the purposes of the prohibition:
a. a motor vehicle is parked on a pavement if:
i. it is stationary, and

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ii. one or more of its wheels (or any part of them) is on any part of the
pavement
b. a stationary motor vehicle is parked whether or not:
i. the driver of the vehicle is in attendance at the vehicle, 
ii. the engine of the vehicle is running 
2.6 The Act provides a number of exceptions to this under Section 55, these are
covered within Section 6 of this document. 
2.7 Section 51 of the Act provides a mechanism to exempt a footway/footpath, or parts
thereof, from the prohibition.  This is covered in detail within Sections 3 and 4 of this
document. 
Double Parking
2.8 Section 54 of the Act requires that a person must not park a motor vehicle in such a
manner that “no part of the vehicle is within 50 centimetres of the edge of a
carriageway”.  The edge of the carriageway means:
a. where the edge of the carriageway is marked by a painted solid white line,
the edge of the painted line furthest from the centre of the carriageway,
b. where the edge of the carriageway is not marked by a painted solid white
line and is bounded by a kerb, the edge of the kerb closest to the centre of
the carriageway,
c. in any other case, where the surface of the carriageway meets the verge of
the carriageway, 
2.9 As with the pavement parking prohibition, S54 further states that a stationary motor
vehicle is parked whether or not:
a. the driver of the vehicle is in attendance at the vehicle,
b. the engine of the vehicle is running. 
2.10 A motor vehicle is not considered parked if it is stationary:
a. due to the necessities of traffic, or
b. otherwise as a result of circumstances beyond the driver's control. 
2.11 Again, The Act provides for exceptions to this prohibition as set out under Section
55, these are covered within Section 6 of this document.  For ease of reference, s55
is included within Appendix 1. 
Dropped Footway Parking 
2.12 Section 56 of the Act provides that a person must not park a motor vehicle on a
carriageway adjacent to a footway where, for the purpose of assisting pedestrians
or cyclists to cross the carriageway:
a. the footway has been lowered to meet the level of the carriageway, or
b. the carriageway has been raised to meet the level of the footway. 
2.13 The exceptions provided for regarding dropped footway parking, under s59 of the
Act, are much more limited than that for double or pavement parking.  The
exceptions are:
i. The dropped footway parking prohibition does not apply where:

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a. the person has parked the motor vehicle for the purpose of saving
life or responding to another similar emergency,
b. the achievement of that purpose would be likely to be hindered if the
vehicle were not parked as mentioned in section 56(1),
c. the vehicle is so parked for no longer than is necessary for that
purpose. 
ii. the dropped footway parking prohibition does not apply where the footway
has been lowered, or the carriageway has been raised as described in
section 56(1) for the purpose of access to a driveway or to a garage
(whether on commercial or residential premises).

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3.0 Assessment Process 
3.1 The Legislation has been drafted in such a way to recognise that a one-size-fits-all
may not work everywhere and allows a degree of local context. 
3.2 Notwithstanding this, it is a key part of the Act, Regulations and associated
guidance note that any exemptions to the pavement parking prohibition are not the
norm and will, indeed, be the exception.  An Exemption Order should only be used
where it is necessary and no other solutions can be employed to maintain vehicular
access (for example, using normal Traffic Regulation Orders to implement parking
restrictions, designate bays, one ways streets, double yellows, etc.).  For the sake
of clarity, there should be a presumption against exemptions except where they are
absolutely needed, i.e. the impact on the travelling public or emergency services is
so adverse that it justifies the removal of space from the most vulnerable road users
to mitigate against it. 
3.3 Another item that must be considered for any exemption is the completion of a
Socio-Economic Impact Assessment to ensure that no protected group is
inadvertently discriminated against.  These will be completed on case by case
basis. 
3.4 Finally, the Scottish Ministers issued Ministerial Directions under s67(1) of the Act. 
The Ministerial Directions 2022 is included in Appendix 2 for reference, however,
the key points are: 
1. A footway may not be specified in an exemption order unless:
a. its layout or character would allow for a width of 1.5 metres of the
footway to remain unobstructed when any part of a vehicle is parked
on it, or
b. the layout or character of the carriageway associated with the
footway is such that the passage of an emergency vehicle would be
impeded by the presence of a vehicle parked on the carriageway. 
2. The width of 1.5 metres mentioned in paragraph 1(a) is to be measured from
the footway edge which is furthest away from the centre of the carriageway
(however that edge is bounded). 
3.5 On confirmation that the exemption is needed and that the minimum characteristics
outlined in 3.4 are retained, the assessment process can commence.  The
assessment will normally be carried out by the local Traffic & Development Officers
but may be carried out by other officers with appropriate training. 
3.6 The following provides the minimum assessment criteria: 
1. Collation of the road layout, including the number of footways, their width
and the width of the carriageway 
2. Provision of street lighting
3. Are there existing restrictions (e.g. double yellow lines)
4. What is the roads primary function (shopping precinct, residential area,
strategic route etc.)
5. Speed limit

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6. Current or future plans for the road space (e.g. is there already consultation
or implementation in regard to Active Travel route)
7. Parking provision (driveways, off-street car parks, on-street parking bays)
8. Traffic flows (including general pedestrian and cyclist use)
9. Accessibility considerations for all road users (motorised and non-motorised)
10. Displacement issues
11. Road Safety
12. Both a daytime and nighttime visit to assess different use at both periods of
the day
13. Collation of location of all iron works within carriageway and footway;
including utility chambers and noting that, typically, covers within non-
vehicular areas are not designed to take vehicles loadings (e.g. A class
versus D class) 
3.7 A template assessment form is provided for use in Appendix 3. 
3.8 Consideration should also be given to the presence of identified “Safe Routes to
school” and the impact an Exemption Order may have on the safety of school
children using the route. 
3.9 Once the assessment has been completed, it shall be forwarded to the Service
Officer – Traffic to commence the Exemption Order process. 
3.10 Note, it is not appropriate to promote widespread or blanket exemptions. Each
street must be considered on its own merit.

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4.0 Exemption Order Process 
4.1 Section 51 of the Act provides the power to a Local Authority to promote Exemption
Orders.  It is very clear that it may not do so unless the characteristics outlined in
the Ministerial Directions 2022 are met.  Section 52 of the Act permits the Scottish
Ministers to make regulations in respect to Exemption Orders and, to this end, The
Pavement Parking Prohibition (Exemption Orders Procedure (Scotland) Regulations
2022 came into force on 9 December 2022.  In addition to the 2022 Regulations,
Transport Scotland have published further guidance within their document
Pavement, Double & Dropped Kerb Parking Standards Guidance”. 
4.2 Furthermore, an Exemption Order:
a) may apply to all or part of a footway,
b) must apply:
i. at all times, and
ii. to all motor vehicles,
c) may not be subject to conditions. 
4.3 There is a need beyond what is set out above for exemptions to be carefully
considered against the national ban.  As noted elsewhere, the norm must be for a
presumption against but balancing this beside the need for traffic flows to work
(again motorised and non-motorised).  The approach must be consistent across the
Council area but mindful of that being carried out in other Local Authorities to
ensure consistency, so that drivers and other road users can understand and
comply with the pavement parking prohibition. 
4.4 Once the assessment has been completed satisfactorily, the following paragraphs
set out the Exemption Order process. 
Consultation and Publication 
4.5 Unlike Orders promoted under the RTRA1984, there is no requirement to publish
Notices etc. within traditional press / media.  As a general rule, however, it should
be done regardless to ensure best coverage.   
4.6 Prior to making an Exemption Order, the Council must: 
a. Publish a Notice on its website (containing the information as set out in
Appendix 4 – Notice of the Proposals Template)
b. Publish a Statement of Reasons why the Order should be made on the
Council’s website (a template is provided in Appendix 5)
c. Publish, on the Council’s website, an outline of the proposals, including as a
minimum:
i. The section of footway, or part thereof, to which the proposal relates
ii. A map showing the section of footway, or part thereof, to which the
proposal relates
d. A template for a draft Exemption Order has been included in Appendix 6. 
4.7 In addition to publication on the website, the Notice and Statement of Reasons for
the proposals should be published in paper circulating in the area affected.

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4.8 The Council must also make the information, outlined n para 4.6 a-c, available for
inspection at the appropriate office during normal operating office hours.  The
Council can include additional places as it considers appropriate (for example, a
post office). 
4.9 The Notices must also be displayed in a prominent position at each end of the
footway to which the exemption order proposal relates.  Furthermore, additional
Notices to be displayed as the authority thinks necessary to ensure adequate
information is provided to those using the footway.  The authority must also take all
reasonable steps to ensure the Notice remains legible and is displayed until the end
of the representation period. 
4.10 Beyond the publication and display of Notices etc. as outlined above, the Council
must also consult with the following persons: (REG2(3)) 
• The Chief Constable of the Police Service of Scotland
• Any Transport Partnership (where the proposal is within the region
represented)
• The appropriate Crown Authority where the proposal relates to a Crown
Road
• Any Health Board (where the proposal is within the region represented)
• The Scottish Fire and Rescue Service (where it appears to the Council that
proposals(s) are likely to affect the passage of fire fighting vehicles)
• The Traffic Authority (where the proposal relates to a road which is not
under the control of the Council, e.g. a trunk road)
• Other person as the Council considers appropriate.  This is similar to that
included within the normal Traffic Regulation Order consultation.  Officers
will need to make a judgement on the extent of this on each case but, as a
minimum, properties situated on the road affected by the proposals should
be consulted with; this could take the form of a letter drop with the Notice
etc. included or pointing to the website.  Publishing in traditional media
outlets (e.g. newpapers) would also satisfy this part. 
4.11 Although not mandated within the Legislation, the related guidance document does
state that it would be good practice for a Local Authority to retain an accessible
archive of all Exemption Orders on its archive to allow members of the public to
view them as needed.  It also notes that this may be useful for the public to review
alongside new proposals as mooted. 
4.12 Finally, the consultation period must be at least 28 days commencing from the
publication of the Notice (2022 Regs, Schedule 1, Part 1, paragraph 5).  The Local
Authority can extend this period as it considers necessary. 
Representations 
4.13 Representations can be made by any person before the end of the period specified
in the Notice. 
4.14 Representations must, however:

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i. Contain a statement of the grounds on which representations are made, and
ii. Be intimated to the Authority as set out within the Notice (i.e. within the
timescale and to the address listed in the Notice). 
4.15 The Council may consider representations received after the closing date as it
considers appropriate. 
Hearings 
4.16 The Local Authority can choose to conduct a hearing prior to making an Exemption
Order.  The Legislation does not impose this as a mandatory function, however, in
some cases in may be reasonable to hold a hearing.  For example, if the Local
Authority proposes an Exemption Order and the proposal received hundreds of
representations against it, it could be considered maladministration not to hold a
hearing. 
4.17 Notwithstanding the above, where a hearing is proposed, the following applies:
i. A “Reporter” will be appointed to conduct the hearing.
ii. The hearing can look at the whole Order or any part thereof.
iii. A Reporter must be either a member of staff of the Scottish Ministers or
selected from a panel provided by the Scottish Ministers.
iv. The hearing must be held in public. 
4.18 The Reporter must give notice in writing to:
i. Those consulted under Regulation 2(3).
ii. Those whose submitted representations.
iii. Any other person from whom the Reporter wishes to hear in relation to
specified matters. 
4.19 The Notice issued must note that those wishing to be heard must respond in writing
to the Reporter within 14 days of receiving the Notice.  The Notice must also clearly
outline that if they do not reply, then they will not be entitled to appear at the
hearing.  The Reporter must also provide the date, time and location of the hearing,
however; these can be altered and, where this is the case, the Reporter must
confirm amendments to those persons entitled to appear. 
4.20 The procedure at hearing is outlined under Regulation 8.  One of the key points to
note is that the procedure at hearing is as the Reporter determines, within the
bounds of the Regulations. 
Making of the Order 
4.21 Part 4 of the 2022 Regulations sets out the process of the making of an Exemption
Order. 
4.22 Prior to making an Order, the Local Authority must consider any representations
made and, where a hearing has been held, the recommendations made by the
Reporter. 
4.23 Analogous to the normal TRO process, the Local Authority may:
i. Make the Order without modification

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ii. Make the Order with modification
iii. Decide to not make the Order 
4.24 Where the Local Authority agrees to make the Order with modification(s) which
amount to a substantial change to the proposals; there is a requirement to notify
each person who is likely to be affected by the change, to allow a period to respond
and to, again, consider any representations made. The substantial change element
is subject to the opinion of the Local Authority, i.e. that it is the Local Authority’s
view that any changes are substantial.  This must be an objective assessment, and
the reasons recorded, particularly where the decision is that it is not a substantial
change. 
4.25 The Form of the Exemption Order (Regulation 11) must: 
i. Specify the footway, or part thereof, to which it relates
ii. Provide a map indicating the footway, or part thereof, to which the order
relates
iii. Specify the date on which the Order comes into effect. 
4.26 Within 14 days of making an Exemption Order, the Local Authority must:
a. Give notice in writing of the making of the Exemption Order to the Chief
Constable of the Police Service of Scotland,
b. Give notice in writing to each person consulted under regulation 2(3), and to
each person who made representations under regulation 3(1), of the Local
Authority’s reasons for making the Exemption Order,
c. Publish on the Local Authority’s website a notice of the making of the
Exemption Order containing the information specified in Part 2 of schedule
1, (template provided in Appendix 7)
d. Publish the Exemption Order and accompanying map and, where
applicable, the report following the holding of a hearing under regulation 4,
on the Local Authority’s website,
e. Make a copy of everything mentioned in sub-paragraphs (a) to (d) available
for inspection at their offices during normal office hours, and (if the Local
Authority thinks fit) at such other places within its area and during such times
at those places as it may determine,
f. Display notices containing the information set out in Part 2 of schedule 1,
displayed in accordance with paragraphs 1 and 3 of schedule 2, in any
footway to which the Exemption Order relates,
g. Take such other steps as it considers appropriate for ensuring that adequate
publicity about the making of the Exemption Order is given to persons likely
to be affected by it. 
4.27 Exemption Orders can be amended or revoked.  The process for doing either of
these requires that the full process is followed, as outlined from paragraph 4.6
onwards.  Within the 2022 Regulations, this includes r2-r12. 
4.28 An archive of Exemption Orders will be maintained on the Local Authority’s website.

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5.0 Signing and Lining 
5.1 Once the Exemption Order process is complete, it will be a requirement to mark the
appropriate signs and lines.  These must be installed in compliance with the Traffic
Signs Regulations and General Directions and The Traffic Signs Manual.  The
Traffic Signs Manual, Chapter 3, s13.19 refers. 
5.2 The TSRGD and TSM, Chapter 3 permits footway parking to have time period.  As
noted earlier, in Scotland under the 2019 Act this is not permitted.  A pavement
parking exemption must apply at all times. 
5.3 Where a footway or section of a footway has been exempted by Order, the area
must be clearly marked with signs and lines.  The signs and lines used must make it
clear to both drivers and pedestrians that the footway is subject to a pavement
parking Exemption Order. 
5.4 It is particularly important, in the interest of fairness, that the markings and signs are
clear to drivers as they may be subject to a Penalty Charge Notice (PCN) if they
park out with the exempted area.  The maintenance of the signs and lines in good
order is vital to the success of any exemption.   
5.5 Table 1, below, provides an overview of the signs which may be used. 
Table 1 
TSRGD Ref.  Sign image
Schedule 7, Part 2, Item 12, Diag. 667 
Vehicles may be parked partially on the
footway 
An arrow pointing to the left or to the right
may be added 
Schedule 7, Part 2, Item 13, Diag. 668 
Vehicles may be parked wholly on the
footway 
An arrow pointing to the left or to the right
may be added 
Schedule 7, Part 2, Item 14, Diag. 667.1 
Vehicles may be parked partially on the
footway. 
Note: the time period is not permitted in
Scotland.

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The lower panel can be amended to
include with an arrow pointing to the left or
to the right may be added in the lower
panel; or, amended to the text “in marked
bays”. 
Schedule 7, Part 2, Item 15, Diag. 668.1 
Vehicles may be parked wholly on the
footway. 
Note: the time period is not permitted in
Scotland.   
The lower panel can be amended to
include with an arrow pointing to the left or
to the right may be added in the lower
panel; or, amended to the text “in marked
bays”. 
Schedule 7, Part 2, Item 16, Diag. 667.2 
End of area where vehicles may be parked
partially on the footway.  
Schedule 7, Part 2, Item 17, Diag. 668.2 
End of area where vehicles may be parked
wholly on the footway. 
5.6 The TSM, Chapter 3, s13.19, Figure13.59 provides indicative layout markings (as
shown below).

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5.7 These markings are made in accordance with the TSRGD, Schedule 7, Part 4, Item
6: Diagram 1028.4, Table 2 below refers: 
Table 2 
TSRGD Ref. Sign image
Schedule 7, Part 4, Item 6, Diag. 1028.4 
a) at the edge of the carriageway and
situated wholly on the footway; or
b) partly on the carriageway and partly
on the footway 
Refer to TSM, Ch3, Figure13.59. 
5.8 The TSM, Ch3, Figure 13.60 also provides an indicative layout for footway parking,
extract below for ease of reference:

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6.0 Enforcement 
6.1 The 2019 Act differs from slightly from the Road Traffic Act 1991 and the DPE
powers.  One of the main differences is the ability to issue PCNs to “drive aways”
but there are also some changes to terminology 
6.2 Under the 2023 Regulations, enforcement officers may issue a PCN under either
R4 or R5. 
6.3 Regulation 4 is similar to a PCN issued under DPE in that, where the officer has
reason to believe that a breach has occurred, a PCN may be fixed to the vehicle or
handed to the person appearing to be in charge of the vehicle. 
6.4 Regulation 5, however, permits a PCN to be issued for one of two reasons: 
i. Where either the enforcement officer has attempted to issue a PCN under
Reg 4 but was prevented from doing so by any person, or
ii. Where an enforcement officer has begun to prepare a PCN, but the vehicle
was driven away before the officer had finished preparing the Notice or
being able to issue under R4. 
6.5 Neither Scottish Ministers nor Transport Scotland have powers to undertake parking
enforcement.  The Local Authority are able, however, to carry out enforcement on
the Trunk Road Network (those section of it within the Local Authority area).  For
the most part, this is likely to be within urban areas but could impact both the trunk
and local road rural networks.  Where there are requests or identified demands for
rural enforcement, a risk assessment and method statement may be needed to
ensure the safety of the enforcement staff (e.g. working on high-speed roads). 
6.6 The 2019 Act defined footways and footpaths in accordance with the Roads
(Scotland) Act 1984, s151(2)(a) (extracted below for ease of reference).  This
definition is not limited to adopted footways or footpaths only but to where there is a
public right of passage.  This means that the Pavement Parking Ban applies to both
adopted and private roads. 
For the purpose of this Act, where over a road the public right of passage referred to
in the definition of “road” in subsection (1) above— 
a) is by foot only, the road is:
i. where it is associated with a carriageway, a “footway”; and
ii. where it is not so associated, a “footpath”. 
6.7 It may also be possible to enforce the Pavement Parking Ban for vehicles parking
on a verge.  This is limited to very specific conditions, namely that the verge is
located between a carriageway and a footway.  It is not possible to enforce parking
on a verge in any other circumstance. 
6.8 Neither the 2019 Act nor the 2023 Regulations appear to limit the number of PCNs
that can be issued in a 24-hour period, however, one per calendar day is
reasonable and should be the norm.  One exception to this may be where a vehicle

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has received a PCN but has then moved to another location where it is once again
breaching the 2019 Act.  In these situations, it is appropriate to issue a further PCN. 
6.9 The contravention codes to be used under the 2019 Act are: 
Code Description
100 Parked on a pavement
101 Parked adjacent to dropped kerb at a
known crossing point
102 Parked where no part of the vehicle is
within 50 centimetres of the edge of the
carriageway 
6.10 Section 2 Governing Legislation provides the legal definitions for each of the
prohibitions. 
6.11 The assessment for contravention 100 is the simplest of the three new codes.  If a
vehicle is parked on a footway or footpath, that has not been subject to an
Exemption Order, then a PCN may be issued.    There may also be grounds for
appeal if the keeper of the vehicle has been subject to criminal proceedings,
however, this is covered under Section 7.0 Processing of PCNs. 
6.12 For contravention 101, the crossing point (note, kerbs can be raised or dropped to
facilitate crossing) must be a crossing point and not, for example, a dropped kerb
for a vehicular access.  There may be circumstances where there is no dropped
kerb on the one side of the crossing but could still be considered a “crossing point”.   
6.13 Within contravention 102, “double parking”, the edge of the carriageway means: 
a. Where the edge of the carriageway is marked by a painted solid white line,
the edge of the painted line furthest from the centre of the carriageway
b. Where the edge of the carriageway is not marked by a painted solid white
line and is bounded by a kerb, the edge of the kerb closest to the centre of
the carriageway
c. In any other case, where the surface of the carriageway meets the verge of
the carriageway.

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7.0 Processing of PCNs & Enforcement Notices 
PCNs issued by enforcement officer 
7.1 The following process shall be used for PCNs issued under Regulation 4 of the
2023 Regulations: 
7.1.1 This is where the PCN has been issued by the enforcement officer and either
affixed to the vehicle or handed to the person appearing to be in charge of the
vehicle. 
A PCN is paid without representation being made
7.1.2 If the payment is received within 14 days, the 50% discount is applied.
7.1.3 If payment is received within 28 days but after the 14 days, the charge is at
the normal undiscounted rate. 
Where Payment is not made within 28 days
7.1.4 If no payment is made within 28 days, an enquiry to the DVLA seeking keeper
details is made.  Within 14 days of receipt of the DVLA information, an
Enforcement Notice is issued.
7.1.5 If payment is made within 28 days of the Enforcement Notice, the case is
closed, if not, the Charge is increase by 50% and a Charge Certificate is
issued. 
7.1.6 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
Where Representation is made (within 28 days)
7.1.7 If the Appeal is accepted, the case is closed.
7.1.8 If the Appeal is rejected, a Notice of Rejection (NoR) is issued.
7.1.9 If no subsequent Appeal is made within 28 days of NoR, the Charge is
increased by 50% and a Charge Certificate is issued.
7.1.10 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
Where subsequent Representation is made to First-tier or Upper
Tribunal
7.1.11 If an Appeal is Upheld by the First-Tier Tribunal then the case is closed.
7.1.12 If an Appeal to the First-tier Tribunal is made (must be within 28 days of NoR)
and the Appeal is withdrawn and no payment is made within 14 days of the
appellant withdrawing the Appeal, then the Charge is increased by 50% and a
Charge Certificate is issued.
7.1.13 If an Appeal to the First-tier Tribunal is made (must be within 28 days of NoR)
and the Appeal is rejected and no further Appeal is made to the Upper
Tribunal or no payment is made within 28 days of the appellant being sent the
decision of the First-tier Tribunal, then the Charge is increased by 50% and a
Charge Certificate is issued.
7.1.14 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action.
7.1.15 Where a further Appeal is made to the Upper Tribunal and Upheld, the case
is closed.

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7.1.16 If an Appeal is rejected by the Upper Tribunal and payment is made, the case
is closed.
7.1.17 If an Appeal is rejected by the Upper Tribunal and no payment has been
made within 28 days of the appellant being sent the decision of the Upper
Tribunal, then the Charge is increased by 50% and a Charge Certificate is
issued.
7.1.18 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
7.2 A workflow is contained under Appendix 8 for the PCNs issued under Regulation 4. 
Enforcement Notices where PCN could not be issued by enforcement officer 
7.3 The following processed shall be used for Enforcement Notices issued under
Regulation 5 of the 2023 Regs: 
7.3.1 This is where the enforcement officer has started preparing a PCN but has
either been prevented from affixing it to the vehicle or the vehicle has been
driven away before it could be completed. 
7.3.2 An Enforcement Notice must be issued before the end of the 28-day period
beginning with contravention date.  There is one exception to this, where a
request for keeper details has been made to the DVLA within 14 days of the
contravention, but this not been received within the 28-day period.  Where
this is the case, an Enforcement Notice must be issued within 14 days,
commencing from the date the requested information is received. 
Enforcement Notice is paid without Representation being made
7.3.3 If the payment is received within 14 days, the 50% discount is applied.
7.3.4 If payment is received within 28 days but after the 14 days, the charge is at
the normal undiscounted rate. 
Where Payment is not made within 28 days
7.3.5 If no payment is made within 28 days, the Charge is increase by 50% and a
Charge Certificate is issued. 
7.3.6 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
Where Representation is made (within 28 days)
7.3.7 If the Appeal is accepted, the case is closed.
7.3.8 If the Appeal is rejected, a Notice of Rejection is issued.
7.3.9 If no subsequent Appeal is made within 28 days of NoR, the Charge is
increased by 50% and a Charge Certificate is issued.
7.3.10 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
Where subsequent Representation is made to First-tier or Upper
Tribunal
7.3.11 If an Appeal is Upheld by the First-Tier Tribunal then the case is closed.
7.3.12 If an Appeal to the First-tier Tribunal is made (must be within 28 days of NoR)
and the Appeal is withdrawn and no payment is made within 14 days of the

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appellant withdrawing the Appeal, then the Charge is increased by 50% and a
Charge Certificate is issued.
7.3.13 If an Appeal to the First-tier Tribunal is made (must be within 28 days of NoR)
and the Appeal is rejected and no further Appeal is made to the Upper
Tribunal or no payment is made within 28 days of the appellant being sent the
decision of the First-tier Tribunal, then the Charge is increased by 50% and a
Charge Certificate is issued.
7.3.14 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action.
7.3.15 Where a further Appeal is made to the Upper Tribunal and Upheld, the case
is closed.
7.3.16 If an Appeal is Rejected by the Upper Tribunal and payment is made, the
case is closed.
7.3.17 If an Appeal is Rejected by the Upper Tribunal and no payment has been
made within 28 days of the appellant being sent the decision of the Upper
Tribunal, then the Charge is increased by 50% and a Charge Certificate is
issued.
7.3.18 On issue of the Charge Certificate, if payment is received within 28 days then
the case is closed, if not, the case is referred for collective action. 
7.4 A workflow is contained under Appendix 9 for the PCNs issued under Regulation 5. 
Circumstances where a PCN is not payable 
7.5 The 2023 Regulations, Regulation 8 states: 
1. No penalty charge is payable in relation to a contravention where the
conduct in respect of which the penalty charge is imposed is the subject of:
a) criminal proceedings,
b) a fixed penalty notice (within the meaning of section 52(1) (fixed
penalty notices) of the Road Traffic Offenders Act 1988), or
c) a penalty charge notice issued under section 66(1) (parking penalties
in London) of the Road Traffic Act 1991(as applied by an order under
paragraph 1 or 2 of schedule 3 of that Act).
2. Where, despite paragraph (1):
a) a penalty charge is paid in respect of a contravention, and
b) the conduct in respect of which the penalty charge is imposed is the
subject of proceedings or a notice as mentioned in paragraph (1)(a) to
(c),
the local authority must, as soon as reasonably practicable after the
circumstances in sub-paragraph (b) come to its notice, refund the amount of
the penalty charge which has been paid.
7.6 In the above circumstances a PCN should not be issued (when the circumstances
are known) but, where a PCN has been issued, the amount must be refunded.

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8.0 Appendix 1 – Section 55 Exceptions to pavement parking prohibition and double-parking
prohibition 
1) This section sets out exceptions to the Pavement Parking Prohibition and the Double
Parking Prohibition. 
2) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where
the motor vehicle:
a) is being used:
i. For police purposes, including for the purposes of the National Crime
Agency,
ii. For ambulance purposes or for the purpose of providing a response to an
emergency at the request of the Scottish Ambulance Service Board,
iii. For or in connection with the exercise of any function of the Scottish Fire and
Rescue Service or Her Majesty’s Coastguard, or
iv. For naval, military or air force purposes,
b) The achievement of the purposes, or the exercise of the function, would be likely to
be hindered if the vehicle were not parked on a pavement or, as the case may be, as
mentioned in section 54(1), and
c) No part of the vehicle is within 1.5 metres of the pavement edge which is furthest
away from the centre of the carriageway (however that edge is bounded). 
3) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where
the motor vehicle:
a. Is being used for or in connection with:
i. The undertaking of works in roads,
ii. The removal of an obstruction to traffic,
iii. The collection of waste by or on behalf of a Local Authority,
iv. Postal services (within the meaning of section 125(1) of the Postal Services
Act 2000),
b. Cannot reasonably be so used without being parked on a pavement or, as the case
may be, as mentioned in section 54(1),
c. Is so parked for no longer than is necessary for that use, and
d. No part of the vehicle is within 1.5 metres of the pavement edge which is furthest
away from the centre of the carriageway (however that edge is bounded). 
4) In subsection (3)(a)(i), “works in roads” includes:
a. Road works within the meaning given by section 107(3) of the New Roads and Street
Works Act 1991,
b. Works for roads purposes within the meaning given by section 145(2) of that Act,
c. Major works for roads purposes with the meaning given by section 145(3) of that Act,
d. Cleaning, placing, removing or adjusting by or on behalf of a Roads Authority (within
the meaning given by section 151(1) of the Roads (Scotland) Act 1984) of any
equipment or structure which is placed on or over a road. 
5) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where:
a. The motor vehicle is being used by a registered medical practitioner, registered nurse
or registered midwife for or in connection with the provision of urgent or emergency
health care,
b. The provision of the care would be likely to be hindered if the vehicle were not parked
on a pavement or, as the case may be, as mentioned in section 54(1),
c. The vehicle is so parked for no longer than is reasonable in connection with the
provision of the care, and

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d. No part of the vehicle is within 1.5 metres of the pavement edge which is furthest
away from the centre of the carriageway (however that edge is bounded). 
6) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where:
a. The motor vehicle is, in the course of business
i. Being used for the purpose of delivering goods to, or collecting goods from,
any premises, or
ii. Being loaded from or unloaded to any premises,
b. The delivery, collection, loading or unloading cannot reasonably be carried out
without the vehicle being parked on a pavement or, as the case may be, as
mentioned in section 54(1),
c. No part of the vehicle is within 1.5 metres of the pavement edge which is furthest
away from the centre of the carriageway (however that edge is bounded),
d. The vehicle is so parked for no longer than is necessary for the delivery, collection,
loading or unloading and in any event for no more than a continuous period of 20
minutes. 
7) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where
the motor vehicle is parked wholly within a parking place that is:
a. Authorised by order under section 32(1)(b) of the Road Traffic Regulation Act 1984,
or
b. Designated by order under section 45 of that Act. 
8) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where
the motor vehicle is parked in accordance with permission given by a constable (within the
meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012) in
uniform. 
9) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where:
a. The person has parked the motor vehicle for the purpose of saving life or responding
to another similar emergency,
b. The achievement of that purpose would be likely to be hindered if the vehicle were
not parked on a pavement or, as the case may be, as mentioned in section 54(1),
and
c. The vehicle is so parked for no longer than is necessary for that purpose. 
10) The Pavement Parking Prohibition and the Double Parking Prohibition do not apply where:
a. The person has parked the motor vehicle for the purpose of providing assistance at
an accident or breakdown,
b. The assistance could not be safely or reasonably provided if the vehicle were not
parked on a pavement or, as the case may be, as mentioned in section 54(1),
c. The vehicle is so parked for no longer than is necessary for that purpose, and
d. No part of the vehicle is within 1.5 metres of the pavement edge which is furthest
away from the centre of the carriageway (however that edge is bounded). 
11) In this section, “carriageway” has the meaning given by section 51(6). 
12) The Scottish Ministers may by regulations modify this section.

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9.0 Appendix 2 – The Transport (Scotland) Act 2019 (Pavement Parking Prohibition)
(Footway and Associated Carriageway Characteristics) Directions 2022

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10.0 Appendix 3 – Assessment Form 
Parking Standards - Road Assessments
Data Requirements/Checklist
Day Visit Night Visit
(after 1900
preferably)
Date:
Time: General Width
(m)
Minimum Width
(if different) (m)
Carriageway
Town:
Footway
North or West
(delete as
applicable)
Street:
Footway
South or East
(delete as
applicable)
Feature Yes No
Bus Stops
School vicinity
Residential Only
Shopping / 
Commerical
Mix of
Residential/Other
Cycle Lane(s)
(please provide
details e.g location
and if continuous)
Speed Limit
(mph)
Traffic Calming
(please provide
details e.g. speed
bumps,vehicle
activated sign)
Two Way or
One Way
Current waiting
restrictions Single Yellow Double
Yellow
Double Yellow
at Junction White H-Bars None
North or West
South or East
No. of Bays
North or West
South or East
North or West
South or East
North or West
South or East
Parking Bays
Loading Bays
Disabled Bays
Functionality of Road
Nature of
road
(e.g. local
access road,
distributor road)
Road Characteristics
Restriction
Current Footway
Furniture &
Ironwork
(please specify e.g.
post box, electricity
box, bins, A-boards,
Class of manhole
covers)
Comments/Details
Comments

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26 
North or West South or East North or West South or East
No
Safe Route to School
(eis this an assessed route, if so, details
of sue and impact of any cahnge)
Double Parking
(parking more than 50cm from edge of carriageway)
No. of Instances Where <1.5m Usuable Due to Footway Parking
Minimum Clear Footway (m)
Minimum Clear Footway (m)
General Comments Following
Night Visit
(e.g. decrease in parking likely due to
opening hours of industrial park)
Additional Comments on
Observations
(e.g. presence of vulnerable road
users)
Please indicate if any of the
above vehicles were parked
on/across a dropped kerb (please
specify type of parking and no. of
instances)
Pedestrian Crossing Point
No. of Vehicles
Type of Vehicles
Driver in Attendance
Impact of Footway Parking
Legislation
(e.g. need for displacement of vehicles
onto neighbouring roads)
Potential Options
(e.g. waiting restrictions, formalise
parking, maintain status quo and
exempt)
Is there available capacity to
accommodate vehicle
displacement?
(If yes, please provide details e.g.
location(s), capacity and if pay and
display)
Day
Parking
No. of  Observed Vehicles
Type of Vehicle(s)
No. of Instances Where <1.5m Usuable Due to Footway Parking
Two-wheel Footway Parking
Night
Commerical Access
Day Night
Potential Options
Do Parked Vehicles Currently
Affect Traffic Flow?
(e.g. restricts two way flow)
Yes (please, provide details)
Nature of Observed Traffic Flow
(e.g. too low to observe two way flow
or free-flowing but need to giveway at
pinchpoints)
Residential Driveway
Type of Vehicle(s)
No. of Observed Vehicles
Four-wheel Footway Parking
Usage

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11.0 Appendix 4 – Notice of Proposals template 
DEVELOPMENT AND INFRASTRUCTURE SERVICES 
Argyll and Bute Council (C62 Oban Road) (Southern Footway) Pavement Parking
Prohibition Exemption Order 2025 
Argyll and Bute Council propose to make an Exemption Order, the effect of which will be
to exempt the southern footway on the C62 Oban road from the Pavement Parking
Prohibition.  The proposed exemption would permit footway parking from a point 75
metres west of the extended kerbline of the C62 Argyll Street to a point 125 metres west
of the extended kerbline of the C62 Argyll Street, a distance of 50 metres or thereby. 
Full details of the proposal together with a Plan, and a Statement of Reasons for
proposing to make the Exemption Order can be viewed by logging on to the Council’s
website at www.argyll-bute.gov.uk or viewed during normal office hours at the following
locations: 
1. Customer Service Point, 1a Manse Brae, Lochgilphead, between the hours of
0900 and 1200
2. Argyll and Bute Council Offices, Kilmory Castle, Kilmory, Lochgilphead, between
the hours of 0900 and 1700 
Any person wishing to make representations to the proposed exemption may do so by
sending details of the grounds for representation, in writing, providing their name and
address, to the Head of Legal & Regulatory Support, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll, PA31 8RT, by [28 days minimum from date of publication of notice] 
Head of Roads & Infrastructure Services, Kilmory Castle, Kilmory, Lochgilphead,
PA31 8RT

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12.0 Appendix 5 – Statement of Reasons template 
DEVELOPMENT AND INFRASTRUCTURE SERVICES 
Argyll and Bute Council (C62 Oban Road) (Southern Footway) Pavement Parking
Prohibition Exemption Order 2025_ 
Statement of Reasons for proposing to make the Exemption Order 
The above-named Exemption Order is proposed for facilitating the free flow of vehicular
traffic on the road to which the order relates. 
Head of Roads & Infrastructure Services, Kilmory Castle, Kilmory, Lochgilphead,
PA31 8RT

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13.0 Appendix 6 – Form of Order and Plan 
Argyll and Bute Council (C62 Oban Road) (Southern Footway) Pavement Parking
Prohibition Exemption Order 2025 
Argyll and Bute Council in exercise of the powers conferred on them by the Transport
(Scotland) Act 2019, Part 6 and having complied with The Pavement Parking Prohibition
(Exemption Orders Procedure) (Scotland) regulations 2022, hereby make the following Order: 
1. This Exemption Order may be cited as “Argyll and Bute Council (C62 Oban Road)
(Southern Footway) Pavement Parking Prohibition Exemption Order 2025” and shall
come into operation on Monday the twenty fourth of March Two Thousand and
Twenty-Five. 
2. Interpretation 
a. The Interpretation Act 1978 shall apply for the interpretation of this Order as it 
applies for the interpretation of an Act of Parliament. 
b. In this Order, except where the context otherwise requires, the following
expressions have the meanings hereby respectively assigned to them:
▪ “the 2019 Act” means the Transport (Scotland) Act 2019; 
▪ “the 1984 Act” means the Road Traffic Regulation Act 1984; 
▪ “the 1991 Act” means the Road Traffic Act 1991; 
▪ “the 2022 Regulations” means The Pavement Parking Prohibition
(Exemption Orders Procedure) (Scotland) Regulations 2022; 
▪ “the 2023 Regulations” means The Parking Prohibitions (Enforcement
and Accounts) (Scotland) Regulations 2023; 
▪ “authorised enforcement officer” has the same meaning as in Section
58(6) of the 2019 Act; 
▪ “contravention” means, as the case may be, a contravention of the
pavement parking prohibition, as s50(1) of the 2019 Act; 
▪ “Council” means Argyll and Bute Council constituted under the
provisions of the Local Government etc (Scotland) Act 1994 and having
its Chief Office at Kilmory, Lochgilphead, Argyll, PA31 8RT; 
▪ “driver” means the person driving or having control or charge of the
vehicle at any given time and in particular in relation to a vehicle waiting
on a road the person driving at the time it was left in that location; 
▪ “enforcement notice” means a notice served under regulation 5 or 6 of
the 2023 Regulations; 
▪ “pavement parking” means a footway as defined with s151(2) of the
Roads (Scotland) Act 1984;

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▪ “plan” means the plan annexed to this Exemption Order and which
forms part of this Exemption Order. 
▪ “registered keeper” means, in relation to a penalty charge imposed in
connection with a motor vehicle, the person in whose name the vehicle
is registered under the Vehicle Excise and Registration Act 1994 at the
time of the contravention to which the penalty charge relates. 
▪ “relevant vehicle” means the motor vehicle in respect of which the
contravention occurred. 
▪ “schedule” means the schedule annexed to this Exemption Order and
which forms part of this Exemption Order. 
c. In so far as any provision of this Exemption Order conflicts with any provision
which is contained in an Exemption Order made or having effect as if made
under the 2019 Act or by or under any other enactment, then the provisions of
this Exemption Order shall prevail. 
Pavement Parking Exemption 
3. The section of footway specified in the Schedule to this Exemption Order is exempted
from the pavement parking prohibition. 
4. The limits of the exempted footway shall be indicated in such manner as the Council
may determine by lines or other indications.  Markings and signs shall be compliant
with The Traffic Signs Regulations and General Directions 2016. 
Manner of standing within the exempted areas 
5. A vehicle parked on an exempted footway shall park within the marked area.  No part
of the vehicle shall park on the marked lines or beyond the permitted parking area. 
Responsibility of Registered Keeper 
6. The responsibility for payment of any penalty charge rests with the registered keeper. 
If the registered keeper was not the driver at the time when it was parked out with the
permitted parking area specified in the schedule in contravention of any of the
provisions of this Order it remains her/his responsibility to pay the penalty charge. 
Contravention of this Order 
7. If a vehicle is parked in contravention of any of the Articles, provisions and
requirements of this Order then a contravention shall have occurred, and a penalty
charge shall be payable. A penalty charge notice may then be issued by a parking
attendant. 
8. Where a vehicle remains in a position so as to incur a penalty charge on the issue of a
penalty charge notice, a further penalty charge notice may be issued on each calendar
day thereafter. 
Sealed with the Common Seal of the Argyll and Bute Council and subscribed for them and on
their behalf by David Logan, Head of Legal & Regulatory Support, Argyll and Bute Council,

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Kilmory, Lochgilphead, Argyll, PA31 8RT at Lochgilphead on Monday Twenty Fourth day of  
March 2025 
Signed ……………………………………………… 
Date    ……………………………………………… 
This is the Schedule referred to in the foregoing Exemption Order the “Argyll and Bute Council
(C62 Oban Road) (Southern Footway) Pavement Parking Exemption Order 2025“ 
SCHEDULE
PAVEMENT PARKING PROHIBITION EXEMPTION 
Length of Road in Lochgilphead Side of road to which
the restriction applies
From a point 75 metres west of the extended kerbline of the C62
Argyll Street to a point 125 metres west of the extended kerbline
of the C62 Argyll Street, a distance of 50 metres or thereby.
South   
Signed ……………………………………………… 
Date    ………………………………………………

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This is the Schedule referred to in the foregoing Exemption Order the “Argyll and Bute Council (C62 Oban Road) (Southern Footway)
Pavement Parking Prohibition Exemption Order 2025”

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14.0 Appendix 7 – Notice of Making an Exemption Order template 
DEVELOPMENT AND INFRASTRUCTURE SERVICES 
Argyll and Bute Council (C62 Oban Road) (Southern Footway) Pavement Parking
Prohibition Exemption Order 2025 
On Monday 24 February 2025, Argyll and Bute Council made the above named 
Exemption Order in terms of the Transport (Scotland) Act 2019. 
The Exemption Order, which comes into effect on Monday 24 March 2025, permits motor
vehicles to park on the southern footway of the C62 Oban Road.  The exemption is from a
point 75 metres west of the extended kerbline of the C62 Argyll Street to a point 125
metres west of the extended kerbline of the C62 Argyll Street, a distance of 50 metres or
thereby. 
A copy of the Exemption Order and companying plan [where there has been a Hearing,
add also the report] can be inspected by logging on to the Council’s website at
www.argyll-bute.gov.uk or viewed during normal office hours at the following locations: 
1. Customer Service Point, 1a Manse Brae, Lochgilphead, between the hours of
0900 and 1200
2. Argyll and Bute Council Offices, Kilmory Castle, Kilmory, Lochgilphead, between
the hours of 0900 and 1700 
Head of Roads & Infrastructure Services, Kilmory Castle, Kilmory, Lochgilphead,
PA31 8RT

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15.0 Appendix 8 - Route A – PCN Issued under Regulation 4 
PCN issued by
enforcement
officer               
No payment
received within 28
days       
Representation
correspondence
received (within 28
days) 
Payment received
-  (if within 14 days
50% discount
applied) - Case
Ended                                         
DVLA enquiry for
keeper details    
Accept
Representation      
Reject
Representation                                     
Issue Enforcement
Notice (within 28
days of
contravention or
within 14 days of
DVL supplying
relative
information    
Issue Notice of
Acceptance -
Case Closed      
Issue Notice of
Rejection                                       
Payment
Received - Case
Closed  
If no response
within 28 days
increase Charge
and issue Charge
Certificate    
If no appeal within
28 days increase
Charge and issue
Charge Certificate     
Appeal to First-tier
Tribunal within 28
days  
Payment
Received - Case
Ended   
Payment
Received - Case
Closed  
If no payment
received within 28
day, proceed to
collective action  
If no payment
received within 28
day, proceed to
collective action 
Appeal rejected /
withdrawn & no
further appeal to
Upper Tribunal
within 28 days      
Appeal Rejected &
Further appeal to
Upper Tribunal 
Appeal Upheld -
Case Ended                             
Increase Charge
and issue Charge
Certificate    
Upper Tribunal
Appeal Rejected  
Upper Tribunal
Appeal Upheld -
Case Ended 
If no payment
received within 28
day, proceed to
collective action  
Payment
Received - Case
Ended  
Increase Charge
and issue Charge
Certificate     
If no payment
received within 28
day, proceed to
collective action  
Payment
Received - Case
Ended

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16.0 Appendix 9 - Route B – PCN Issued under Regulation 5        
Prevented from issuing PCN when preparation already
underway                                       
DVLA application for keeper details (within 14 days of
contravention)                                       
Issue Enforcement Notice by recorded delivery (within 28
days of contravention or within 14 days of DVLA supplying
relative information                                                                                 
No payment received within 28 days       Representation correspondence
received within 28 days 
Payment
Received - Case
Ended                                                                   
Increase Charge
and issue Charge
Certificate  
Accept
Representation        
Reject
Representation                                                                     
Payment
Received - Case
Ended 
If no Payment
Received within
28 days, proceed
to collective action 
Issue Notice of
Acceptance -
Case Ended        
Issue Notice of
Rejection                                       
If no appeal within
28 days increase
Charge and issue
Charge Certificate       
Appeal to First-tier
Tribunal within 28
days 
Payment
Received - Case
Ended 
If no Payment
Received within
28 days, proceed
to collective action 
Appeal rejected /
withdrawn & no
further appeal to
Upper Tribunal
within 28 days      
Appeal Rejected &
further appeal to
Upper Tribunal  
Appeal Upheld -
Case Ended 
Increase Charge
and issue Charge
Certificate    
Upper Tribunal
Appeal Rejected  
Upper Tribunal
Appeal Upheld -
Case Ended 
If no Payment
Received within
28 days, proceed
to collective action  
Payment
Received - Case
Ended 
Increase Charge
and issue Charge
Certificate                                 
If no Payment
Received within
28 days, proceed
to collective action  
Payment
Received - Case
Ended

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