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Northern Ireland — representations not considered by the Department

Under Article 9 of the Traffic Management (Northern Ireland) Order 2005 a person may make representations on statutory grounds, and by Article 9(4) the Department must consider any such representations and any supporting evidence.

Legal basis

Traffic Management (Northern Ireland) Order 2005, Article 9: a person may make representations to the Department on the statutory grounds, and by Article 9(4) the Department must consider any such representations and any supporting evidence.

How to identify this in your case

If you made representations on a statutory ground and the Department's response does not engage with it, put the Department to proof that it considered the ground; if it cannot show it did, request reconsideration.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

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

If representations were made on a ground under Article 9 of the Traffic Management (Northern Ireland) Order 2005, the Department was required by Article 9(4) to consider them and any supporting evidence. The Department is put to proof that it did so. If it cannot demonstrate that consideration, the appellant requests that the decision be reconsidered.

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Northern Ireland — representations not considered by the Department

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

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