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proceduralUK · Northern IrelandDifficulty: medium

Northern Ireland — traffic attendant did not follow the enforcement protocol

A penalty charge notice is issued by a traffic attendant under Articles 4(5)(a) and 5(1) of the Traffic Management (Northern Ireland) Order 2005. The Department for Infrastructure's Parking Enforcement Protocol sets out how a traffic attendant observes an alleged contravention before issuing a notice. A penalty charge is payable only where a contravention has occurred.

Legal basis

Traffic Management (Northern Ireland) Order 2005, Articles 4(5)(a) and 5(1) (issue of a penalty charge notice by a traffic attendant); the Department for Infrastructure's Parking Enforcement Protocol, which sets out how a traffic attendant observes an alleged contravention before a penalty charge notice is issued. A penalty charge is payable only where a contravention has occurred.

How to identify this in your case

Ask the Department to show that the traffic attendant followed the applicable Parking Enforcement Protocol procedure, the observations made, and the evidence relied on. If it cannot establish the contravention, request cancellation.

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Sources

  • Traffic Management (Northern Ireland) Order 2005, Articles 4-5
  • DfI Parking Enforcement Protocol

Related appeal grounds

Next steps

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