This notice is to remind you that you have been issued with an infringement notice. The details of the infringement notice are as follows.
Enforcement authority
The infringement notice was issued by [name or identification number of authorised person].
Address for correspondence:
Details of person to whom infringement notice issued
*Telephone number:
| †Not required if the notice is served on a company or other body corporate. |
| *Specify only if known. |
Alleged infringement offence details
The offence is one against [specify provision].
Nature of alleged infringement:
Infringement fee payable:
Amount of infringement fee remaining unpaid:
Service details
(To be provided for filing in court)
The infringement notice was served by [method of service] at [full address of service] on [date].
This reminder notice was served by [method of service] at [full address of service] on [date].
Payment of infringement fee
The infringement fee was payable to [name of enforcement authority] within 28 days after [date infringement notice served]. The infringement fee has not been paid.
The last day for payment of the infringement fee is [date], being 28 days after the date of service of this notice.
The infringement fee may be paid to [name of enforcement authority] by [specify method(s)].
Information
If there is anything in these notes you do not understand, you should consult a lawyer.
1
You have not paid the infringement fee described in this notice, or asked for a hearing, within 28 days after you were served with the infringement notice. That is why you have been served with this reminder notice.
Payments
2
If you pay the infringement fee for the alleged infringement offence within 28 days after you are served with this notice, no further enforcement action will be taken for the offence. Payments should be made to [name of enforcement authority] in the manner specified in this notice.
3
If, under section 21(3A) or (3C)(a) of the Summary Proceedings Act 1957, you enter or have entered into an arrangement with [name of enforcement authority] allowing you to pay the infringement fee by instalments, paragraphs 5(b) and (c) and 6 to 9 below do not apply, and you are not entitled either to request a hearing to deny liability or to ask the court to consider any submissions (as to penalty or otherwise) in respect of the infringement.
Defence
4
You have a complete defence against proceedings for an alleged infringement offence if the infringement fee has been paid to [name of enforcement authority] in the manner specified in this notice before, or within 28 days after, this notice is served on you. Late payment or payment made in any other manner is not a defence.
Further action, including right to request hearing
5
You may—
(a)
raise any matter relating to the circumstances of the alleged offence for consideration by [name of enforcement authority]; or
(b)
deny liability for the alleged offence and request a court hearing; or
(c)
admit liability for the alleged offence but have a court consider written submissions as to penalty or otherwise.
6
To take an action listed in paragraph 5, you must write to [name of enforcement authority] at the address for correspondence shown on this notice. You must sign the letter and it must be delivered within 28 days after you have been served with this notice, or within any further time that [name of enforcement authority] allows.
7
If, in your letter, you deny liability for the alleged offence and request a court hearing, [name of enforcement authority] will serve you with a notice of hearing that sets out the place and time at which the court will hear the matter (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
Note: If the court finds you guilty of the offence, the court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, if the court finds you guilty of the offence, costs will be imposed in addition to any penalty, and you will be required to pay a hearing fee.
8
If you admit liability for the alleged offence but want the court to consider your submissions as to penalty or otherwise, you must, in your letter,—
(b)
admit liability for the offence; and
(c)
set out the written submissions you wish the court to consider.
9
[Name of enforcement authority] will then file your letter with the court (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence). If you follow this process, there will be no oral hearing before the court.
Note: The court is entitled to take into account any maximum fine for the offence, not just the infringement fee. In that case, the court may impose a fine that is greater than the infringement fee (but you still cannot get a conviction). Also, costs will be imposed in addition to any penalty.
Non-payment of fee
10
If you do not pay the infringement fee and do not request a hearing in respect of the alleged offence within 28 days after you have been served with this notice, you will become liable to pay court costs as well as a fine (unless [name of enforcement authority] decides to take no further action to require payment for the alleged offence).
11
The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid.
Correspondence
12
When writing, please specify—
(a)
the date of the alleged infringement offence; and
(b)
the reminder notice number; and
(c)
your full name and address for replies.
Note: All correspondence regarding the infringement offence must be directed to [name of enforcement authority] at the address shown on this notice.
Further details of your rights and obligations
13
Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.