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Council failed to provide Welsh-language hearing documents

If you are appealing a Welsh council's parking penalty, you have a legal right to have your appeal heard in Welsh and to receive all the council's documents — such as their evidence pack and case summary — in Welsh. If you asked for Welsh-language documents and the council only sent everything in English, the council has broken the rules. This failure can mean your appeal succeeds, even if it is decided on paper without an oral hearing.

Legal basis

Welsh Language Act 1993 s.22; Welsh Language (Wales) Measure 2011 Sched 6; Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013; Traffic Penalty Tribunal Procedural Rules

How to identify this in your case

If the motorist appeals in Welsh and the Council files an English-only evidence pack, raise the Welsh-language right.

Sample appeal wording

Annwyl Adjudicator / Dear Adjudicator, Re: TPT Reference [REF] Mae'r apêl hon yn yr iaith Gymraeg ac rwy'n ymarfer fy hawl o dan Adran 22 Deddf yr Iaith Gymraeg 1993 i gael gwrandawiad a dogfennau yn y Gymraeg. The Council has filed an English-only case summary. Please direct the Council to provide a complete Welsh-language case file or, in default, to allow the appeal under regulation 4(1)(e) WSI 2013/362. Yn gywir, [ENW]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • legislation.gov.uk/ukpga/1993/38
  • trafficpenaltytribunal.gov.uk
  • legislation.gov.uk/mwa/2011/1

Related appeal grounds

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