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signageUK · Northern IrelandDifficulty: medium

Derry walled city: missing or wrong parking signs

In Derry's historic walled city, many parking rules were set up before 2005 and the signs that go with them were sometimes removed during conservation work or replaced with signs that do not meet current Northern Ireland standards. If the ticket you received relies on a rule where the signs are missing or wrong, the council cannot prove you broke that rule. This means the ticket may not be valid.

Legal basis

Road Traffic Regulation (Northern Ireland) Order 1997 Art 28; Traffic Signs Regulations (NI) 1997; Planning Act (NI) 2011 conservation area provisions

How to identify this in your case

Photograph the entire street: kerb markings + every sign for 50m. Compare to current NI signs manual. Request the TRO from DfI.

Sample appeal wording

Dear Sir/Madam, Re: PCN [PCN_NUMBER] — Derry/Londonderry The location is within the historic core. Photographs (attached) show that for 50 metres in either direction there is no compliant sign of the description prescribed by the Traffic Signs Regulations (NI) 1997 indicating the alleged restriction. The relied-upon TRO of [DATE] is not adequately signed. Following the principle of Davies v Heatley [1971] RTR 145 (applicable in NI by analogy and reflected in DfI's own Traffic Signs Manual), an unsigned restriction cannot be enforced. Please cancel. Yours faithfully, [NAME]

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

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Sources

  • legislation.gov.uk/nisi/1997/276
  • legislation.gov.uk/nisr/1997/386
  • Davies v Heatley [1971] RTR 145

Related appeal grounds

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