Paying the Fixed Charge Blocks Any Court Action
Irish law gives you an absolute right: if you pay your fixed charge notice (FCN) within the allowed time, no court case can be brought against you — full stop. If you paid on time but the Fixed Charge Processing Office (FCPO) still sent the matter to court, that court case must be dropped. Separately, even if you did not pay, the FCPO cannot issue a summons until the full 56-day payment window has closed; a summons issued before those 56 days were up is invalid.
Legal basis
Road Traffic Act 2010 s.35(5); RTA 1961 s.103 (as amended).
How to identify this in your case
Bank statement / online confirmation / Payzone receipt within the 28 or 56 day window. Or summons date earlier than 56 days from FCN service.
Sample appeal wording
To: District Court Clerk / FCPO Re: FCN [NUMBER] / Summons [NUMBER] I rely on s.35(5) Road Traffic Act 2010 - no prosecution may be instituted where the fixed charge has been paid within the period specified. The fixed charge was paid on [PAYMENT DATE] via [METHOD] (reference [REF] enclosed) - within the [28/56] day period. Alternatively, the summons issued on [DATE], before the 56-day combined payment window expired on [DATE]. The summons issued contrary to s.35(5) and is void. Prosecution must be withdrawn and the FCN cancelled. If not, I will apply to the Court for the summons to be struck out with costs. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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