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Northern Ireland — penalty charge notice missing required details

A penalty charge notice issued under Article 5 of the Traffic Management (Northern Ireland) Order 2005 must state the matters listed in Article 5(3): the grounds for the charge, the amount, the 28-day payment period, that paying within 14 days reduces the charge by a specified percentage, that non-payment within 28 days may lead to a notice to owner, how to pay, and any additional matters the Department has determined under Article 5(3)(g). A prescribed-device (camera) notice is governed by Article 7(3).

Legal basis

Traffic Management (Northern Ireland) Order 2005, Article 5(3): a penalty charge notice issued under Article 5 must state the grounds for believing a penalty charge is payable, the amount of the charge, that it must be paid within 28 days, that payment within 14 days reduces the charge by a specified percentage, that failure to pay within 28 days may lead to the Department serving a notice to owner, how payment may be made, and any additional matters the Department has determined under Article 5(3)(g). This row concerns a penalty charge notice under Article 5; a prescribed-device notice is governed by the distinct requirements of Article 7(3). Whether an Article 5 notice states every matter Article 5(3) requires should be put to proof.

How to identify this in your case

Compare the notice against the matters Article 5(3) requires. If a required statement is missing, put the Department to proof that the notice contained each required matter.

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Sources

  • Traffic Management (Northern Ireland) Order 2005, Article 5(3)

Related appeal grounds

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