No FCN Served = No Prosecution (RTA 2010 s.35)
Under section 35(2) of the Road Traffic Act 2010, 'a prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned.' If proceedings are issued without an FCN ever having reached the registered keeper — for example because it was sent to a stale address, returned undelivered, or never posted — the prosecution is barred. Demand proof of service.
Legal basis
Road Traffic Act 2010 s.35(2) (no prosecution without prior FCN service); s.35 (methods of service: personally or by post to the address on the vehicle register).
How to identify this in your case
You received a court summons but no FCN, or the FCN was sent to the wrong address (e.g. you moved and notified NDLS), or the council can't produce a posting receipt or Track & Trace record.
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