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proceduralIreland · Republic of IrelandDifficulty: easy

Photographic Evidence Demand

Modern enforcement requires photographic evidence at the time of FCN issue. Where the warden's photograph is missing, blurred, fails to show the alleged offence (e.g. no yellow line visible, vehicle position not shown), or contradicts the offence, the FCN should be cancelled. Demand the photograph by SAR or via the FCPO/local authority.

Legal basis

Standard of proof in summary prosecutions; Director of Public Prosecutions disclosure obligations; GDPR Art. 15.

How to identify this in your case

Always demand the warden's photograph. Use as evidence-gathering and to expose weak FCNs.

Sample appeal wording

To: [Issuing Authority] Re: FCN [NUMBER] - Disclosure Request Under GDPR Article 15 / s.91 Data Protection Act 2018 and as a procedural requirement before considering payment, I require disclosure of: 1. All photographs taken by the issuing officer at the time of FCN issue. 2. The officer's contemporaneous notebook entry. 3. Time-stamps and metadata for each photograph. 4. Screenshots/copies of any check made against pay-and-display / parking app records. If the photographs do not clearly show: (a) The alleged offence (e.g. yellow line, restriction sign in shot); (b) The vehicle's position relative to the restriction; (c) The date/time on a clearly visible source; then the evidence is insufficient and the FCN should be cancelled. Provide within 28 days. Failure to disclose, or photographs that do not support the alleged offence, will be treated as confirmation that the FCN is unsupportable. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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