DNS Retail Management Ltd v The Pensions Regulator

The relevant penalty notices were not delivered to the appellant due to address confusion and postal issues; non-compliance was attributable to non-delivery, warranting revocation of the EPN.

Source-derived case information.

Parties: Appellant: DNS Retail Management Ltd; Respondent: The Pensions Regulator
Jurisdiction: England and Wales
Judgment Date: 05 October 2022
Procedural Posture: Appeal / Final Judgment
Outcome: appeal allowed
Legal Topics: Automatic Enrolment, Compliance Notice, Penalty Notice, Service of Documents

Pensions Regulatory Law Automatic Enrolment Compliance Notice Penalty Notice Service of Documents

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3

Parties

DNS Retail Management Ltd

Appellant

The Pensions Regulator

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether the Escalating Penalty Notice was validly served
2 Whether failure to comply was attributable to non-delivery of notices

Ratio Decidendi

The relevant penalty notices were not delivered to the appellant due to address confusion and postal issues; non-compliance was attributable to non-delivery, warranting revocation of the EPN.

Court Disposition

appeal allowed

Orders

Escalating Penalty Notice dated 25 November 2021 revoked
Matter remitted to the Respondent

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