Drivers have escaped Low Emission fines in Glasgow after their penalty notices were “timed out”.

The latest figures from Glasgow City Council show that 1388 breaches of the LEZ in October did not result in a fine.

The reason was a tribunal case that ruled all fines must be sent by recorded delivery.

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After the decision, the council moved to send all fines by recorded delivery but during that period there were a number of fines that timed out.

All fines need to be issued within 28 days of the breach taking place.

The council said it is appealing the decision and that the ruling does not mean the council has to pay back any fines already issued and paid.

The council stated: “Our view is however, 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.

"These decisions do not create an obligation to refund penalties which have been paid.”

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A spokesperson for Glasgow City Council said: “All LEZ penalty charge notices are now sent by tracked delivery.

“During the switch to the new delivery process, a number of penalties were not issued due to a time bar.

“The primary aim of the LEZ enforcement system however is to improve public health by actively deterring highly polluting vehicles from entering the zone, rather than to maximise penalty income.”

The latest figures show there were 3439 fines issued in November, and 2236 in October.

It takes the total number of fines handed out since the LEZ phase two started in June to 25,509.

The spokesperson added: “Poor air quality presents a serious risk to public health and so Glasgow’s LEZ is a crucial and proportionate measure to tackle the harmful pollution that has blighted the city centre for decades.

“We know that the vast majority of vehicles driving into the zone meet the emission standards, however, the LEZ addresses the most polluting vehicles which disproportionately create the harmful concentrations of air pollution in the city centre.

“We would remind drivers that Glasgow’s LEZ is now fully in force and to familiarise themselves with its emissions requirements.”

Diesel cars older than September 2015 that do not meet Euro 4 emission standards and petrol cars older than 2006 which do not meet Euro 4 are likely to be non-LEZ compliant.