NI 'flagrant' Article 47A defence — DfI failed to follow internal Operational Procedures
DfI's published Parking Operations Manual and Operational Procedures (the NI equivalent of England's Statutory Guidance) prescribe minimum observation periods, photographic evidence requirements, and code-by-code procedural rules. Where a CEO failed to follow the prescribed steps (e.g. issued PCN under code 06 — 'parked with engine running' — without the prescribed 5-minute observation), the PCN is procedurally improper.
Legal basis
Road Traffic Regulation (NI) Order 1997 Art 47A; DfI Parking Operations Manual; SR 2008/193 reg 5(c)
How to identify this in your case
FOI DfI for the procedure for the relevant code. Compare to CEO notes / pocket book for the actual case.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] — code [CODE] The DfI Parking Operations Manual prescribes [SET OUT PROCEDURE — e.g. a minimum 5-minute observation period for code 06]. The CEO's pocket-book / observation notes (please disclose) show that observation was [DURATION], which is shorter than the prescribed period. This is procedural impropriety within reg 5(c) of SR 2008/193. The PCN must be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- legislation.gov.uk/nisi/1997/276
- legislation.gov.uk/nisr/2008/193
- infrastructure-ni.gov.uk