Warden Notice Missing Required Statements
A local authority traffic warden notice must include four specific statements: (a) that you are accused of breaking the rule; (b) that you can pay the set amount within 28 days of the date on the notice; (c) that if you do not pay within those 28 days, you can still pay an amount 50% higher within a further 28 days; and (d) that no prosecution will be started during either of those periods, and not at all if you pay. If the notice was stuck to your vehicle, it must also explain your right as the registered owner to name the driver who was responsible, and what happens if you do or do not do that. If any of these required statements are missing or unclear, the notice is defective.
Legal basis
Local Authorities (Traffic Wardens) Act 1975 s.3(6) and s.3(7) (as substituted by s.12 RTA 2002).
How to identify this in your case
Read your notice carefully. Does it clearly state: (1) what offence you are accused of? (2) that you can pay the standard amount within 28 days? (3) that you can pay an amount 50% higher if you miss that first deadline, with a further 28 days to do so? (4) that you will not be prosecuted during those periods, and not at all if you pay? If the notice was stuck to your car rather than handed to you, does it also explain your right to name the driver and what the consequences of doing so — or not — are? If any of these statements are missing or garbled, this ground may apply to you. Note: this applies only to local authority warden notices — not to Garda-issued tickets.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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