FCN Sent to Wrong Registered Owner Address
Under s.35 RTA 2010 the FCN is served on the registered owner at the address recorded on the National Vehicle and Driver File (NVDF). If a change of address was filed before the offence date but the FCN went to the old address, service is invalid. If the keeper sold the vehicle and notified the change before the offence, liability does not attach.
Legal basis
Road Traffic Act 2010 s.35(3) and s.35(8); Vehicle Registration and Taxation Act 1992 (NVDF).
How to identify this in your case
FCN sent to old address despite NVDF change-of-address being filed before offence. Vehicle sold pre-offence with VRC Form RF200 acknowledged by NVDF. Vehicle scrapped with Certificate of Destruction.
Sample appeal wording
To: FCPO, P.O. Box 50, Thurles Re: FCN [NUMBER] / Reg [REG] [SELECT] A. CHANGE OF OWNERSHIP I was not the registered owner of [REG] on [OFFENCE DATE]. I sold the vehicle on [SALE DATE] to [BUYER] and submitted change of ownership to NVDF on [DATE]. Acknowledged VRC enclosed. B. CHANGE OF ADDRESS My NVDF address at the offence date was [NEW ADDRESS]. The FCN was sent to [OLD ADDRESS], from which I had moved and notified NVDF on [DATE]. Acknowledgement enclosed. C. VEHICLE DISPOSED OF The vehicle was disposed of via [Authorised Treatment Facility] on [DATE]. Certificate of Destruction enclosed. In each case I am not the liable person. Cancel the notice and pursue the correct party. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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