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proceduralUK · Northern IrelandDifficulty: easy

Northern Ireland — wrong penalty amount charged

The amounts of NI penalty charges are specified by the Department by regulations under Article 4(4)(a) of the Traffic Management (Northern Ireland) Order 2005, and the penalty charge notice must state the amount payable (Article 5(3)). The amount demanded must be the level set for the contravention by those regulations.

Legal basis

Traffic Management (Northern Ireland) Order 2005, Article 4(4)(a) (the Department specifies the amounts of penalty charges by regulations) and Article 5(3) (a penalty charge notice must state the amount payable). Whether the amount stated matches the applicable amount specified by regulations under Article 4(4)(a) should be put to proof. The prescribed amounts are set by the Penalty Charges (Prescribed Amounts) Regulations (Northern Ireland) 2006 (SR 2006/338).

How to identify this in your case

Check the amount stated against the level set for the contravention under the Article 4(4)(a) regulations. If it does not match, put the Department to proof of the correct level.

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Sources

  • Traffic Management (Northern Ireland) Order 2005, Articles 4(4)(a) and 5(3)
  • Penalty Charges (Prescribed Amounts) Regulations (NI) 2006 (SR 2006/338)

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