Regulation 28 Appeal to the sheriff courtI1
Scotland Not yet in force
If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may appeal to the sheriff against the penalty charge notice.
An appeal against a penalty charge notice must be made within the period of 28 days beginning with the day after that on which the notice under regulation 27(1)(c) is given.
The sheriff may extend the period for appealing against the notice on cause shown.
An appeal must be on one (or more) of the following grounds—
that the recipient did not commit the breach of regulation 5 specified in the penalty charge notice,
that the notice was not given within the time allowed by regulation 23(2)(b) or does not comply with any other requirement imposed by these Regulations, or
that in the circumstances of the case it was not reasonable for the notice to be given to the recipient.
The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.
If the penalty charge notice is withdrawn or quashed, the enforcement authority must repay any amount previously paid as a penalty charge in pursuance of the notice.
Annotations
Commencement
- I1
Reg. 28 in force at 30.4.2028, see reg. 1(2) (as amended by S.S.I. 2026/223, reg. 3(2))