Derry/Londonderry city centre — historic conservation TRO unsigned
Derry's walled city contains complex historic-conservation-related parking restrictions overlaid on tight medieval streets. Many TROs in the historic core date from pre-2005 (pre-decriminalisation) and were carried forward without re-signing. Where a PCN cites a code reliant on a TRO whose signage has been removed during conservation works or replaced with a non-NI-compliant equivalent, the contravention cannot be made out.
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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- legislation.gov.uk/nisi/1997/276
- legislation.gov.uk/nisr/1997/386
- Davies v Heatley [1971] RTR 145