Duties of an enforcement authority to which representations are made under regulation 5
.......
6) If the enforcement authority does not accept the representations, its decision notice—
(a)must—
(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—
(aa)the penalty charge is paid, or
(bb)the recipient appeals to an adjudicator against the penalty charge,
(ii)indicate the nature of an adjudicator’s power to award costs, and
(iii)describe the form and manner in which an appeal to an adjudicator must be made,
[which are]:
Appeal to an adjudicator against a decision to reject a recipient’s representations
7.—(1) A recipient may appeal to an adjudicator against an enforcement authority’s decision not to accept their representations.
(2) An appeal under this regulation must be made within—
(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or
(b)such longer period as the adjudicator may allow.[I know they refer to this, but according to them this power starts a day late, see below!).
The law provides the same period for a statutory right to appeal as it does to limit the authority's power to increase the penalty, that is 'the period of 28 BEGINNING on the date of service of the NOR'.
Every time the authority references the 28-day period they get it wrong: they use 28 from the date of service.
Crass.
The NOR is the ONLY official notice which conveys your rights of appeal in detail and it must be absolutely correct on the points which matter.
It isn't.
