[F16(1)If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under paragraph 5(1)(c) is given, appeal [F2 in England and Wales to the county court or, in Northern Ireland, ] to a county court or, in Scotland, to the sheriff against the penalty charge notice.U.K.
(2)The county court or the sheriff may extend the period for appealing against the notice.
(3)Such 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 23B(2) or does not comply with any other requirement imposed by or under this Schedule; or
(c)that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.
(4)An appeal against a penalty charge notice shall be by way of a rehearing; and the county court or sheriff shall either uphold the notice or quash it.]
Textual Amendments
F1Sch. 4 inserted (12.10.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 6 para. 4; S.I. 2007/2934, art. 3, Sch.
F2Words in Sch. 4 para. 6(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 82(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)