Appealing - does the clock stop on the fine increase?

[RupertM]

Hi there - quick question about penalty appeals:

 

My penalty states that i have a certain amount of time to pay before the fine goes up (£60->£120)

 

Is it true that once i lodge an appeal the 'clocks stop' in regards to this, or will i have to pay the higher amount?

 

Thanks

Rup

[Bernie_the_Bolt]

Assuming you mean local authority appeals?

 

The simple answer is no. The reason is that informal appeals have no legal status.

 

However, it is pretty common practice where LAs receive an informal appeal within 14 days to give, if/when they reject them, a further 14 days to pay at the reduced rate.

 

The adjudicators have said that not to do so may well be seen as not treating the motorist fairly.

 

Where LAs ignore informal appeals then expect nothing, unless they solicit them on the PCN.

 

Views differ on the merits of informal appeals. I'm in favour as I believe the more opportunity you give the LA to foul up the more likely they are to do so!

[seanamarts]

and they certainly do 'foul up' on many occasions, If your appeal is to NPAS the charge stays at £60 if your appeal is successful you wont have to pay anything and may get compensated if you attend the appeal hearing. If you lose you have a certain amount of time to pay before it then goes to £90 if you dont pay then it goes to court and more fees are added and the bailiffs get involved if you refuse to pay that.

I think thats the same for PATAS as well but im not entirely sure how they work

[Bernie_the_Bolt]

The penalty is determined by a blend of the contravention, the authority and where you are in the country.

 

PATAS are for London appeals NPAS for outside London. Neither determine the size of the penalty.

 

If an appeal to PATAS or NPAS is unsuccessful and the penalty paid swiftly (don't have time-scale to hand) the penalty to be paid is the undiscounted penalty on the PCN.

[seanamarts]

The penalty is determined by a blend of the contravention, the authority and where you are in the country.

 

PATAS are for London appeals NPAS for outside London. Neither determine the size of the penalty.

 

If an appeal to PATAS or NPAS is unsuccessful and the penalty paid swiftly (don't have time-scale to hand) the penalty to be paid is the undiscounted penalty on the PCN.

so if the fine is £60 you pay that amount if paid within 14 days its discounted to £30. after an appeal hearing its still £60 unless the appeal is upheld.

[Bernie_the_Bolt]

so if the fine is £60 you pay that amount if paid within 14 days its discounted to £30. after an appeal hearing its still £60 unless the appeal is upheld.

 

Correct but if you don't pay after appeal it will go up to £90 as the council will get a charge cert and register the debt.

[boyfalldown]

Hi,

 

For Local Authority fines this varies from council to council. Form example Richmond council do 'freeze' the PCN if you appeal. I think it depends on each authority though so you'd best check indivdually.

 

From LBR website

 

'

Fiction - Writing to the Council to appeal against the issue of a Penalty Charge Notice will extend the period given to pay the discount sum.

Fact - Not Always!, Between 1st September 2002 and 10th November 2004, Richmond Council followed the policy of strict adherence to the law on this. Payment of the discounted sum would only be accepted within the 14 days from issue of the Penalty Charge Notice, irrespective of whether you wrote in or was awaiting an answer. However following a decision by the Council's Cabinet since 10th November 2004 letters received during the discount period will hold the discount.'

 

Cheers

 

Hugh