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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.

Beat It is not using this argument right now

We do not put this argument in letters: whether it applies depends on the exact figures on your notice, and we would rather not argue a sum we have not checked. When your scan shows a printed contravention code and amount that are clearly the wrong level, Beat It raises that itself. Scan your ticket — the engine looks for every other ground that fits.

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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)

Related appeal grounds

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