Appeal a fixed penalty notice
We do not operate a formal appeals process for fixed penalty notices.
You have two options:
- pay the fixed penalty notice within the timeframe
- allow the fixed penalty notice to lapse and await a court summons
However, we will review the facts of each case that is questioned.
If you wish to dispute our evidence please contact Environmental Health:
- Phone: 01782 717717
Can a fixed penalty notice be withdrawn?
Only in exceptional cases are fixed penalty notices withdrawn. This may happen:
- when the person accused was not the person that committed the offence – this might be the case if false details have been provided
- where the person issued with the fixed penalty notice brings forward evidence that could undermine any later prosecution
- where a fixed penalty notice has been wrongly issued, for example where a control didn’t apply or the person had exemption under the law
- where the person issued with the fixed penalty notice is a child under the age of ten
- if further evidence is provided that could lead to the conclusion that the person issued with a fixed penalty notice is in some way vulnerable and the enforcement of the fixed penalty notice would not be in the public interest
- it not considered to be in the public interest to pursue the offence
Challenging a notice does not change the value of the notice or extend the period for payment.
What happens next?
We aim to respond to challenges within three working days of their receipt.
We will continue with planned action where:
- there is a case to answer – this is to say that the authority has complied with the relevant statutes and considers that an offence has been committed
- there is enough admissible evidence to support a successful prosecution
- prosecution is in the public interest
- the action proposed is consistent with any adopted authority policy.
If you fail to pay within the allocated timeframe, we will usually initiate court proceedings.
If your case is escalated to court you should consider:
- contacting Citizens Advice for advice
- involving the services of a solicitor
- the evidence that may be presented in court
If the court finds against you, you may be given a larger fine, a criminal record, and a possible prison sentence. You may also be responsible for court costs.