Enforcement policy not equality-screened (Northern Ireland only)
In Northern Ireland, public bodies such as the Department for Infrastructure (DfI) must check whether their enforcement policies could affect equality of opportunity for nine groups of people — including people of different religions, ages, races, disabilities, and marital statuses, among others. This check is called a screening or Equality Impact Assessment. If DfI issued your ticket under a policy that has never had that equality check carried out, the duty to promote equality has not been properly met. As well as appealing your ticket, you can make a complaint to the Equality Commission for Northern Ireland.
Legal basis
Northern Ireland Act 1998 s.75 and Sched 9; Equality Commission for Northern Ireland guidance
How to identify this in your case
FOI DfI for the s.75 screening report on the enforcement policy / new contravention. If absent, raise.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] The Department is bound by section 75 of the Northern Ireland Act 1998. Please supply the section 75 screening / EQIA conducted on the enforcement policy under which this PCN was issued, including impact on persons with disabilities, low-income groups, and the categories listed in Schedule 9. In the absence of a screening I will refer the matter to the Equality Commission for Northern Ireland. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/ukpga/1998/47/section/75
- equalityni.org
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- Penalty Rule — Charge Out of Proportion to Legitimate Interest (Beavis 2015)
- Pressure Selling / Aggressive Enforcement — CPRs 2008 Breach
- Private car park signs not in Welsh where required