Election to Pay Defeats Prosecution (s.35(5))
Section 35(5) RTA 2010 contains an absolute statutory bar: where the fixed charge is paid in the prescribed period, no prosecution shall be instituted. If you have proof of timely payment but FCPO has nonetheless escalated to summons, the prosecution must be discontinued. Equally, if the summons issued before the 56-day combined window expired, it is void.
Legal basis
Road Traffic Act 2010 s.35(5); RTA 1961 s.103 (as amended).
How to identify this in your case
Bank statement / online confirmation / Payzone receipt within the 28 or 56 day window. Or summons date earlier than 56 days from FCN service.
Sample appeal wording
To: District Court Clerk / FCPO Re: FCN [NUMBER] / Summons [NUMBER] I rely on s.35(5) Road Traffic Act 2010 - no prosecution may be instituted where the fixed charge has been paid within the period specified. The fixed charge was paid on [PAYMENT DATE] via [METHOD] (reference [REF] enclosed) - within the [28/56] day period. Alternatively, the summons issued on [DATE], before the 56-day combined payment window expired on [DATE]. The summons issued contrary to s.35(5) and is void. Prosecution must be withdrawn and the FCN cancelled. If not, I will apply to the Court for the summons to be struck out with costs. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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