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legalUK · Northern IrelandDifficulty: easy

Ticket issued by a council, not the DfI

In Northern Ireland, only the Department for Infrastructure (DfI Roads) has the legal power to issue parking tickets on public roads. Local councils — such as Belfast City Council or Derry City & Strabane District Council — have no power to do this on public roads. A ticket issued by a council on a public road is invalid. Councils can only enforce parking in their own council-owned car parks, using car-park-specific rules or contracts.

Legal basis

Road Traffic Regulation (Northern Ireland) Order 1997 (SI 1997/276 (N.I. 2)); Traffic Management (Northern Ireland) Order 2005 (SI 2005/1964 (N.I. 14)); Departments (Transfer of Functions) Order (Northern Ireland) 2016 (SR 2016/76)

How to identify this in your case

Look at the PCN issuer. If issued by Belfast City Council, Derry City & Strabane DC, etc., on a public road (not a council car park), it is ultra vires.

Sample appeal wording

Dear Sir/Madam, Re: PCN [PCN_NUMBER] Civil parking enforcement on public roads in Northern Ireland is reserved by statute to the Department for Infrastructure (DfI Roads) under Article 47A of the Road Traffic Regulation (Northern Ireland) Order 1997 and Part III of the Traffic Management (Northern Ireland) Order 2005. [ISSUING BODY] is not the Department and has no statutory power to issue a Penalty Charge Notice for an alleged contravention on a public road. The PCN is ultra vires and unenforceable. Please confirm cancellation by return. Yours faithfully, [NAME]

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

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Sources

  • legislation.gov.uk/nisi/1997/276
  • legislation.gov.uk/nisi/2005/1964
  • infrastructure-ni.gov.uk

Related appeal grounds

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