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.

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.

The amount stated on this penalty charge notice does not appear to match the level set for this contravention by the regulations made under Article 4(4)(a) of the Traffic Management (Northern Ireland) Order 2005. The Department is put to proof that the amount demanded is the correct penalty-charge level for the alleged contravention; if the amount is wrong, correction or cancellation of the notice is requested.

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Northern Ireland — wrong penalty amount charged

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps