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technicalIreland · Waterford City and County CouncilDifficulty: easy

Waterford — Wrong Bye-Law Citation Across Sub-Areas

Waterford City and County Council has three distinct parking bye-laws in force: (a) Waterford Metropolitan District Control of Parking Bye-Laws 2023 (city); (b) Dungarvan / Lismore Control of Parking Bye-Laws 2018 (county); (c) Motor Homes, Motor & Camper Van Parking Bye-Laws 2021 (specialised). An FCN that cites the wrong instrument for the location or vehicle type is defective on its face.

Legal basis

Road Traffic (Traffic and Parking) Regulations 1997–2013; Waterford Metropolitan District Control of Parking Bye-Laws 2023; Dungarvan/Lismore Control of Parking Bye-Laws 2018; Motor Homes, Motor & Camper Van Parking Bye-Laws 2021; Road Traffic Act 1994 s.36.

How to identify this in your case

Cross-check the FCN's cited bye-law against (i) the location of the alleged contravention and (ii) the vehicle type. E.g. a Dungarvan offence citing the Waterford Metropolitan 2023 Bye-Laws is misdirected.

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.

The location of the alleged contravention is [LOCATION], which falls within the [SUB-AREA] of Waterford. The bye-law in force in that area is the [CORRECT BYE-LAW]. The FCN cites the [WRONG BYE-LAW]. The notice is not in the prescribed form and the alleged offence does not exist under the cited instrument.

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