SCHEDULES

SCHEDULE 10Penalty charge notices

Appeals

6

(1)

The recipient of a penalty charge notice may appeal to the county court against the notice if the notice is confirmed by the enforcement authority after a review.

(2)

The appeal must be made within the period of 28 days beginning with the day after that on which the notice under paragraph 4(2)(c) is given.

(3)

The county court may extend the period for appealing against the notice.

(4)

An appeal must be on one (or more) of the following grounds—

(a)

that the recipient did not commit the breach of duty specified in the penalty charge notice,

(b)

that the notice was not given within the time allowed by section 285(2) or does not comply with any other requirement imposed by virtue of this Schedule, or

(c)

that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.

(5)

An appeal is to be by way of a rehearing.

(6)

On an appeal the court is to uphold the notice or quash it.