proceduralIreland · Republic of IrelandDifficulty: medium
Traffic Warden Outside Functional Area
Traffic wardens under the Local Authorities (Traffic Wardens) Act 1975 have authority only within the functional area of the appointing local authority. A Dublin City warden has no authority in Fingal, South Dublin, or Dún Laoghaire-Rathdown. Common at boundaries.
Legal basis
Local Authorities (Traffic Wardens) Act 1975 s.2; RTA 1961 s.103.
How to identify this in your case
Identify the local authority area where the alleged offence occurred and the issuing authority on the FCN. If they differ, the warden lacked authority.
Sample appeal wording
To: [Issuing Authority] Re: FCN [NUMBER] This FCN is void. The location [LOCATION] is within the functional area of [ACTUAL LOCAL AUTHORITY]. The FCN was issued by a warden of [ISSUING AUTHORITY]. Under s.2 Local Authorities (Traffic Wardens) Act 1975 a warden's powers are exercisable only within the functional area of the local authority by which they are employed. The FCN is void ab initio. Cancel immediately. Failure to do so will be raised in any consequent District Court proceedings as a complete defence. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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