Objection to a Fixed Charge Notice in Ireland

What a fixed charge notice is

A fixed charge notice (sometimes called a fixed payment notice) is a formal document served on a person who is alleged to have committed a specified minor offence. It is used, for example, in respect of certain offences under the Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014, section 4, and in respect of certain clamping-related offences under the Vehicle Clamping Act 2015, section 31.

The notice must state the alleged offence, the amount payable, the payment periods, that payment is not obligatory, and that prosecution will not be instituted while the notice periods are running, nor at all if payment is made in time. The Road Traffic Act 2010 similarly provides for fixed charge notices in traffic matters, including their form and service, and offences connected with such notices.

Deadlines and payment structure

• Under the Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014, section 4, the recipient has 28 days from the date specified in the notice to pay the prescribed amount.
• If payment is not made within that first 28-day period, a further 28-day period applies during which payment may still be made, but at an amount 50% greater than the original prescribed sum.
• The same two-tier 28-day structure (standard amount, then an amount 50% greater) applies to fixed payment notices under the Vehicle Clamping Act 2015, section 31.
• The passages available do not set out a specific 'objection' procedure to the fixed charge notice itself, nor a separate deadline for lodging an objection with the authority; readers should verify the current position, including any right to make representations before payment or before prosecution, against the up-to-date text of the relevant Act.
• For clamping matters generally, a statutory complaints and appeals framework exists under Part 3 of the Vehicle Clamping Act 2015, and detailed procedural rules on clamping notices, charges and payment appear in the Vehicle Clamping and Signage Regulations 2017.

Effect of payment or non-payment

If the person pays the amount specified within the applicable period, accompanied by the notice as required, no prosecution in respect of the alleged offence will be instituted; this is expressly stated in Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014, section 4 and equally in Vehicle Clamping Act 2015, section 31.

The person is not obliged to make the payment. However, if no payment is made within either period, the matter may proceed to prosecution, since the protection against prosecution only applies while the specified periods are running or once timely payment has been made.

Any amount paid under a fixed charge or fixed payment notice is retained by the recipient authority (or the NTA, in clamping cases) and is not recoverable by the person who paid it, once validly received and receipted.

Raising concerns with the issuing authority

Where a person disputes the basis for a fixed charge notice, the practical first step is to write to the authority or body named in the notice (for example the Garda Síochána address specified in a tobacco-smoke notice, or the NTA address specified in a clamping fixed payment notice) setting out the grounds of objection clearly and promptly, before the relevant payment period expires.

For clamping-related disputes more broadly (as opposed to a fixed payment notice for an offence), the statutory complaints procedure under Vehicle Clamping Act 2015, section 16 and the appeals framework in Part 3 of the same Act may be relevant, and the Vehicle Clamping and Signage Regulations 2017 set out further detail on notices, signage and charges that may support such a complaint.

Because the source material does not specify a formal statutory objection mechanism against the fixed charge notice itself (as distinct from the complaints/appeals structure for clamping), readers should check the current legislation, any prescribed regulations, and the information printed on the notice they have actually received for the exact procedure and any authority-specific address or form.

Letter of Objection to a Fixed Charge Notice

To: [Name of Authority / Garda Síochána Station / NTA, as specified in the notice]
Address: [Address specified in the notice]

Date: [Date]

Re: Fixed Charge Notice / Fixed Payment Notice reference number [insert reference number]
Alleged offence date: [date of alleged offence]
Alleged offence location: [location]

Dear Sir or Madam,

I am writing in relation to the above-mentioned notice, which was served on me on [date of service], alleging that I committed an offence under [insert statutory provision as stated on the notice, e.g. section 2 of the Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 / section 10 or 11 of the Vehicle Clamping Act 2015].

I wish to object to this notice for the following reasons:

1. [First ground of objection - e.g. factual dispute, mistaken identity, vehicle not in the alleged location, etc.]
2. [Second ground of objection, if any]
3. [Further grounds, if any]

I enclose the following supporting documents in support of my objection:
- [Document 1, e.g. photographs]
- [Document 2, e.g. witness statement]
- [Document 3, e.g. proof of location/alibi]

I would be grateful if you would review this matter and confirm in writing whether the notice will be withdrawn or amended. I note that the notice specifies a payment period of 28 days from [date specified in notice], and I am submitting this objection within that period so as to preserve my position while this matter is under review.

I look forward to your response at your earliest convenience.

Yours faithfully,

[Full name]
[Address]
[Phone number]
[Email address]
[Signature]

Insert the exact reference number, statutory provision and dates as they appear on the notice you actually received, and attach all evidence referred to in the letter; verify current deadlines directly against the notice and the applicable Act before sending.

Frequently Asked Questions

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This template is based on the Ireland legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius IE