Link to the Pepipoo forum, where I had initiated the initial discussion
http://forums.pepipoo.com/index.php?showtopic=149939There was a question raised by hcandersen, in context of the 28 days of sending a Notice Of Acceptance for closing the earlier PCN's and raising new ones..If you could provide your view?
The duty of the authority is:
4) The requirements mentioned in paragraph (3) are that enforcement authority must—
(a)consider the representations and any supporting evidence which the recipient provides, and
(b)serve on the recipient a notice of its decision (a “decision notice”) which states whether or not it accepts the representations made by the recipient.
(5) If the enforcement authority accepts the representations—
(a)it must cancel the relevant enforcement notice,
(b)its decision notice must state that the enforcement notice has been cancelled, and
©when it serves the decision notice, it must refund any sum paid in relation to the relevant enforcement notice.
As cp observed, this case is rare in that the original enforcement notice has in fact been cancelled. What the authority appear to have not done is to serve notice of this decision. But this does not change the fact that the decision has been taken and the enforcement notice has been cancelled.
The regs further provide:
8)The cancellation of an enforcement notice under this regulation does not prevent the enforcement authority from serving a new enforcement notice on another person in accordance with the 2022 General Regulations.
Which must give rise to the question: what trigger action is the authority required to take before they may procedurally issue a 'new enforcement notice on another person'? Is it the cancellation of the previous notice or is it serving notice of the cancellation?
As far as I can see, of the cited cases(rows 10-24) none applies to a post May-2022 decision outside London, which is what this is.
Views?
