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legalIreland · Republic of IrelandDifficulty: hard

Council Car Park Fine Needs a Valid Bye-Law

A fine issued in a council-run car park is only valid if the council made a specific bye-law covering that car park and the thing you are accused of doing breaks a rule in that bye-law. Without a bye-law in place for that exact car park, the fine has no legal foundation. If the conduct you are accused of is not covered by the bye-law, the fine also fails.

Legal basis

Road Traffic Act 1961 s.101(7) and s.101(7B) (inserted by s.49 RTA 1994); S.I. No. 525/2022 Schedule 5 Part 1.

How to identify this in your case

Did you get a fine in a council-run surface car park or multi-storey car park? Ask the council to tell you which bye-law covers that car park and to send you a copy. Then check whether what you are accused of doing is actually listed as a rule in that bye-law. If no bye-law exists for that car park, or your alleged conduct is not covered by it, you have grounds to appeal.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

The car-park fixed charge requires a s.101(7) RTA 1961 bye-law covering this car park; none has been identified / the alleged conduct is outside its terms.

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

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Sources

Related appeal grounds

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