Schedule 1, paragraph 5

A person who is given a penalty notice may appeal to the First-tier Tribunal (“the Tribunal”) against the decision to give the notice or any requirement of it. An appeal may be on the ground that the decision or requirement— is based on an error of fact, is wrong in law, or is unreasonable. But an appeal against the amount of a penalty may not be made on the ground mentioned in sub-paragraph (2)(c). An appeal under this paragraph must be made before the end of the period of 28 days beginning with the day on which the penalty notice is given. On an appeal the Tribunal may— confirm or quash the decision to give the penalty notice, or confirm or vary any requirement of it. In determining an appeal the Tribunal may— review any determination of fact on which the decision or requirement appealed against is based, and take into account evidence which was not available to the Secretary of State when giving the notice. Where an appeal in respect of a penalty notice is made under this paragraph the notice is of no effect until the appeal is determined or withdrawn. Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the Tribunal under this paragraph, the Upper Tribunal may suspend the notice to which the appeal relates until the appeal is determined or withdrawn. If the Tribunal confirms or varies a decision or requirement appealed against under this paragraph, the person to whom the penalty notice is given must comply with the notice or the notice as varied (as the case may be)— within such period as may be specified by the Tribunal, or if the Tribunal does not specify a period, within such period as may be specified by the Secretary of State and notified to the person.

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Source: legislation.gov.uk · retrieved 2026-09-04