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.