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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

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

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]

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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

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

Related appeal grounds

Next steps

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