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Northern Ireland — independent adjudicator and oral hearing

An appeal against a penalty charge lies to an independent adjudicator under Article 13 of the Traffic Management (Northern Ireland) Order 2005. By regulation 7 of the Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006, an appeal is not to be disposed of without a hearing where a party requests one, subject to the exceptions in that regulation.

Legal basis

Traffic Management (Northern Ireland) Order 2005, Article 13 (appeal to an adjudicator): an appeal against a penalty charge lies to an independent adjudicator. By regulation 7 of the Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006, an appeal is not to be disposed of without a hearing where a party requests one, subject to the exceptions in that regulation.

How to identify this in your case

If your appeal is finely balanced on paper, request an oral hearing under regulation 7 of the 2006 Regulations rather than accept a written-only determination.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

The appellant requests that this appeal be determined by an independent adjudicator under Article 13 of the Traffic Management (Northern Ireland) Order 2005, and requests an oral hearing under regulation 7 of the Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006 rather than a written-only determination. The Department is asked to produce the traffic attendant's evidence and its full case file for the adjudicator.

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Sources

  • Traffic Management (Northern Ireland) Order 2005, Article 13
  • Traffic Management (Proceedings before Adjudicators) Regulations (NI) 2006 (SR 2006/421) reg 7

Related appeal grounds

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