Appealing a fixed penalty: EPA 1990 s. 46D
Appeal right for fixed penalty under s.46A: person served final notice may appeal to First-tier Tribunal; penalty suspended; if confirmed, pay within 28 days.
46D A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty. On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty. The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty. (This is subject to subsection (4).) Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period. The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision gives a person who has been served a final notice under section 46C the right to appeal to the First-tier Tribunal. The final notice requires payment of a fixed penalty for failing to comply with household waste receptacle requirements under section 46A.
The Tribunal can either withdraw the requirement to pay the penalty or confirm it. While the appeal is pending, the requirement to pay is suspended. If the Tribunal confirms the penalty, the person must pay within 28 days of the confirmation unless they make a further appeal before those 28 days end.
The suspension of payment continues until the final appeal is determined or withdrawn. If a further appeal is made, the same rule applies: payment is suspended again until that appeal is decided.
When it applies
- A householder appeals a final notice for not using the correct waste receptacles
- A tenant disputes a penalty for failing to separate recyclables
- A property owner challenges a penalty issued after a written warning
- A resident appeals because they believe the council made a procedural error
- A person who missed the bin collection day but claims they had a valid reason
What this section does not say
- This provision does not cover appeals against the initial written warning under section 46A
- It does not set the amount of the fixed penalty (that is in section 46B)
- It does not cover the procedure for issuing the final notice (that is in section 46C)
- It does not apply to penalties for commercial waste receptacles (see section 47)
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This page reproduces the text of EPA 1990 s. 46D in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.