Paragraph 4

If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 1(1) to the Agency, the Agency may, after considering any representations or objections made during that period, serve a final notice imposing a fixed monetary penalty.

Where the contravention to which the notice of intent relates is a criminal offence, the Agency may not serve a final notice on the person if the Agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.