NI vehicle removal — procedural and charging defects
Where a vehicle has been removed in Northern Ireland, the authority should be put to proof that the statutory conditions for immobilisation or removal under the Traffic Management (Northern Ireland) Order 2005 were met, and that the removal and storage charges do not exceed those prescribed by the Removal, Storage and Disposal of Vehicles (Prescribed Charges) Regulations (Northern Ireland) 2006 (SR 2006/337). If it cannot show this, the removal and storage charges can be challenged.
Legal basis
Removal, Storage and Disposal of Vehicles (Prescribed Charges) Regulations (Northern Ireland) 2006 (SR 2006/337) (prescribed removal and storage charges); the immobilisation and removal provisions of the Traffic Management (Northern Ireland) Order 2005 (SI 2005/1964 (N.I. 14))
How to identify this in your case
Request the removal log, body-cam footage, and pound-entry record under Article 8 GDPR / DPA 2018. Look for missing pre-removal warning or unauthorised pound use.
Sample appeal wording
Dear Sir/Madam, Re: Vehicle [VRM] — removal and storage charges [REF] My vehicle was removed on [DATE] from [LOCATION] under Article 89 of the Road Traffic Regulation (Northern Ireland) Order 1997. The Removal, Storage and Disposal of Vehicles Regulations (Northern Ireland) 2010 require [SET OUT REQUIREMENT]. FOI / DPA records [REF] show that [DEFECT — e.g. no pre-removal warning issued; removal log incomplete; pound not authorised]. The removal and consequent storage charges are therefore unlawful and I require their refund within 28 days, failing which I will issue County Court proceedings. 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/nisi/1997/276
- legislation.gov.uk/nisr/2010/197
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings