Fixed Charge Notice Sent to Wrong Address
When you get a fixed charge notice, it must be sent to the address the National Vehicle and Driver File (NVDF) holds for you. If you updated your address with the NVDF before the date of the alleged offence, but the notice was still sent to your old address, the notice was not properly served. The same applies if you sold the vehicle and notified the NVDF before the offence date, or if the vehicle had already been scrapped with a Certificate of Destruction — in those cases, you should not be held liable.
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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