FCN Mandatory Content Defective (RTA 2010 s.35)
Under s.35 RTA 2010 and the Fixed Charge Offences Regulations, an FCN must clearly state the amount payable within 28 days, the increased amount payable in the further 28 days (50% uplift), and the consequences of non-payment, plus the alleged offence and means of payment. Any missing element renders the notice defective and prosecution cannot lawfully proceed without a fresh notice.
Legal basis
Road Traffic Act 2010 s.35-44; Road Traffic (Fixed Charge Offences) Regulations.
How to identify this in your case
Inspect the FCN. Confirm: initial amount, 28-day date, 50% increased amount, further 28-day date, prosecution warning, payment methods, statutory provision specified for offence. Any missing element = defect.
Sample appeal wording
To: Fixed Charge Processing Office, P.O. Box 50, Thurles, Co. Tipperary Re: FCN [NUMBER] Vehicle: [REG] I dispute the FCN as defective under s.35 Road Traffic Act 2010. The notice fails to: [SELECT] - State clearly the initial fixed charge amount payable within 28 days - State the date by which the initial amount must be paid - State the increased amount (150%) payable in the further 28 days - State the date by which the increased amount must be paid - State that prosecution may follow non-payment - Provide adequate methods of payment - Specify the alleged offence with reference to the relevant statutory provision A defective FCN cannot give rise to a payment obligation, and no prosecution may be commenced unless a compliant notice is served (s.35(5) RTA 2010). I require withdrawal of the FCN or service of a compliant notice. I reserve the right to raise this defect as a defence in any subsequent District Court proceedings. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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