This decision of the Scottish Court of Session (equivalent to the Court of Appeal in England) analyses breaches of mandatory regulations and considers whether such a breach is fatal to lawful enforcement of the civil penalty (in this case, issued for Glasgow Low Emission Zone).
The decision – binding in Scotland and highly persuasive when considering cases relating to England and Wales – underlines that a failure to follow regulations or a procedural irregularity that causes no prejudice is not fatal to the enforcement of the penalty charge notice.