Fixed Charge Notice Missing Required Information
A Fixed Charge Notice (the ticket left on your car or handed to you) must include specific details by law. It must clearly show: the amount you owe if you pay within 28 days, the higher amount (50% more) if you pay in the following 28 days, what happens if you do not pay, what you are accused of doing, and how to make payment. If any of these details are missing, the notice is defective. If the notice is defective, enforcement cannot lawfully continue without a brand new notice being issued.
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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