ANPR / Camera Plate Misread
ANPR-based enforcement is subject to misreads (0/O, 8/B, 5/S, 2/Z, dirt, shadow). If the FCN attaches to the wrong vehicle, the registered owner has a complete defence. Demand the photographic evidence under GDPR Art. 15.
Legal basis
Where the registration recorded on a fixed charge notice is not that of the vehicle involved, the notice does not relate to the recipient's vehicle and the alleged offence is not made out. The service provisions assume identification of the vehicle: Road Traffic Act 2010 s.35(1)(b) permits service on "the registered owner of the vehicle" where the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, so the notice's validity as against that owner depends on the vehicle being correctly identified. A fixed charge offence is a criminal matter in Ireland and any prosecution is a summary one, in which the prosecution must prove the offence beyond reasonable doubt, including the identity of the vehicle. Separately, and for obtaining the images rather than as the defence itself, the photographic record is personal data of the registered owner: Article 15 of the GDPR and section 91 of the Data Protection Act 2018 (right of access).
How to identify this in your case
Compare reg on FCN with VRC. Compare photograph to actual plate. Where vehicle alleged at location X but proven at Y (fuel receipts, dashcam, alibi).
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.
To: [Operator / Issuing Authority] Re: FCN/PCN [NUMBER] My vehicle, [CORRECT REG], was not at [LOCATION] on [DATE/TIME]. Under Article 15 GDPR / s.91 Data Protection Act 2018 I require: 1. Full ANPR photograph(s) 2. Exact character string read by the system 3. Confidence score / OCR error rate 4. Make, model, colour of vehicle in image Under Article 22 GDPR, the decision must not be made solely on automated processing without meaningful human review. The ANPR reading is in error. Cancel the notice. Confirm cancellation in writing. Yours faithfully, [NAME]
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