FCN Cites Revoked 2020 Bye-Laws Instead of 2024 Bye-Laws (DCC)
Dublin City Council Parking Control Bye-Laws 2024 revoked the 2020 Bye-Laws with effect from 1 January 2024. Any FCN issued by Dublin City Council (or by DSPS on its behalf) on or after 1 January 2024 that quotes the revoked 2020 Bye-Laws as its statutory basis has a citation defect on its face.
Legal basis
Dublin City Council Parking Control Bye-Laws 2024 (effective 1 January 2024, revoking the 2020 Bye-Laws); Road Traffic Act 1994 s.36 (bye-law making power); Local Government Act 2001.
How to identify this in your case
Check the small-print on the FCN. If the offence date is on/after 1 January 2024 and the notice cites 'Dublin City Council Parking Control Bye-Laws 2020' it is wrong on its face.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.
I appeal under regulation of the Road Traffic Act 2010. The Fixed Charge Notice cites the Dublin City Council Parking Control Bye-Laws 2020 as the source of the alleged offence. Those Bye-Laws were revoked on 1 January 2024 by the Dublin City Council Parking Control Bye-Laws 2024. As the offence date is after 1 January 2024 the notice is not in the prescribed form and the alleged offence does not exist under the cited instrument.
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