Challenging the issuing of a FPN
Challenging the issuing of a fixed penalty notice:
FPNs are issued for criminal matters. The effect of the FPN is to delay the matter going to a criminal court with an invitation for the person issued with it to cancel their liability to prosecution. This is done by paying a fixed penalty within the suspended enforcement period.
In issuing the FPN, the officer has decided the matter is suitable for diversion from the courts. There is no legal mechanism by which someone can appeal the officer's decision to provide an option to avoid court.
There is no obligation to pay the fixed penalty. However, where payment is not made, the case passes to the courts.
If you believe a FPN was issued incorrectly and choose not to pay it, the matter becomes a formal prosecution. You can plead not guilty. It will then be up to the courts to determine whether or not an offence was committed. If the court decides there was an offence, it will decide the appropriate penalty. The criminal justice system provides an appeal route, against conviction or sentence, to a higher court.
Your right to 'appeal' against the allegation contained in a FPN is in a court. We cannot provide advice on this, and would suggest that you seek legal support from a solicitor or visit https://www.citizensadvice.org.uk/ for further information.
There is no formal right to appeal, however the Council will accept representations from you within 14 days of the issue of this notice.