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legalIreland · Republic of IrelandDifficulty: hard

Offence Not on the Warden's Permitted List

A traffic warden can only issue a fixed-charge notice for offences on a specific government-approved list. That list covers certain parking and traffic rule breaches, bye-law breaches, and tax-disc display — nothing else. If the offence on your notice is not on that list, the warden had no power to issue it.

Legal basis

Local Authorities (Traffic Wardens) Act 1975 s.3(1) (as substituted by s.12 RTA 2002); S.I. No. 525/2022 reg.3 and Schedules 1-5.

How to identify this in your case

Look at the exact offence written on your notice. Ask yourself: is it vague (for example, just 'illegal parking'), is it nothing to do with parking, or does it look like it might refer to an old rule no longer in force? If yes to any of these, the warden may have gone beyond what they are allowed to do. This ground is for you if the specific rule you are accused of breaking does not appear on the government's approved list of offences wardens can issue notices for.

Sample appeal wording

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

The contravention cited is not declared a fixed charge offence in S.I. 525/2022; the warden had no statutory power to issue the notice.

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Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

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Sources

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