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England and Wales decisions
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The Tribunal dismissed an employer’s appeal against a £400 pensions fixed penalty notice, finding the compliance notice was properly issued and deemed received.
Upper Tribunal held the First-tier Tribunal erred in law on service and electronic notice issues in a pensions automatic-enrolment penalty appeal, and remitted the case.
The tribunal dismissed an appeal against a £175 smoke-control penalty, finding smoke was emitted from the appellant’s chimney and the council’s decision reasonable.
The tribunal allowed an appeal against a £100 fixed penalty for alleged waste-bin non-compliance, finding no sufficient proof that required notices were served.
The Tribunal dismissed an employer’s reference against a £400 pensions penalty, holding that service of the compliance notice was presumed and no reasonable excuse was shown.
The respondent failed to demonstrate, on the balance of probabilities, that the appellant's storage of bins in the alleyway caused or was likely to cause a nuisance or was detrimental to amenities as required by section 46A(1)(b) of the Environmental Protection Act 1990. The appeal is allowed and the fixed penalty withdrawn.
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The tribunal struck out Skye Forecourt Limited’s appeal because it had no jurisdiction over fixed penalty notices issued under the Tobacco and Primary Services (Scotland) Act 2010.
The prosecution was brought within the statutory time limit because time did not begin to run until after expiry of the 28-day period for payment of the Fixed Penalty Notice, and the charge was issued within six months from that date; no evidence was presented to challenge the date of issue stated on the Charge Sheet.
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The Tribunal found that the Appellant failed to rebut the statutory presumption of service of the UCN and FPN, provided no evidence of non-receipt, and did not comply with the requirements to pay contributions and provide evidence by the deadlines. No reasonable excuse was established for non-compliance or late review request. The penalty was lawfully and proportionately imposed.
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The appellant failed to rebut the statutory presumption that the compliance notice was properly served at his principal office address. A bare assertion of non-receipt, unsupported by evidence, is insufficient. The fixed penalty notice was lawfully issued and is payable.
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