28-Day Driver-Identification Window (RTA 2010 s.35)
Where the registered owner was not the driver, RTA 2010 s.35 imposes a 28-day window from the date of the FCN within which the keeper must identify the actual driver in a prescribed-form document signed by the keeper. The flip-side is a 28-day evidence-protection rule for the keeper: if the council fails to act on a timely driver-identification submission and instead prosecutes the keeper, the prosecution is misdirected.
Legal basis
Road Traffic Act 2010 s.35 (driver-identification by registered owner within 28 days; prescribed signed form to a Garda station or place specified in the notice).
How to identify this in your case
You returned a signed driver-identification form (or wrote to the address on the notice) within 28 days, and the council either ignored it or proceeded against you as keeper.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticket