35A Appeal

1

A person may appeal to the court against a penalty imposed on him under section 32 on the ground that—

a

he is not liable to the imposition of a penalty, or

b

the amount of the penalty is too high.

2

On an appeal under this section the court may—

a

allow the appeal and cancel the penalty,

b

allow the appeal and reduce the penalty, or

c

dismiss the appeal.

3

An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty and shall be determined having regard to—

a

any code of practice under section 32A which has effect at the time of the appeal,

b

the code of practice under section 33 which had effect at the time of the events to which the penalty relates, and

c

any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

4

Subsection (3) has effect despite any provision of Civil Procedure Rules.

5

An appeal may be brought by a person under this section against a penalty whether or not—

a

he has given notice of objection under section 35(4);

b

the penalty has been increased or reduced under section 35(6).