All fixed penalties can be appealed, whether they are issued for Tachograph infringements for example;
- Rest Periods;
- Excess driving;
- Construction & Use (Overweight; unsafe load; etc.) infringements; or
- HGV Road Levy infringements and non-payment penalties.
Appeal against some penalties is by way of a Magistrates’ Court Hearing, other penalties can be dealt with by representations of the issuing authority.
Cartwright King lawyers successfully argued against the issue of several HGV Road Levy penalties on the very first day they were introduced into the UK on the 1st April 2014. Overseas drivers arriving in the UK were given Penalty Notices event though they had paid the Levy: DVSA officers alleged that, as their vehicles were pulling 3-axle trailers and plated for 50 tonnes GVW, they should have paid the higher Band G Levy (over-44 tonnes/3-axle semi-trailer). We successfully argued that, although these vehicles could lawfully operate in Europe at 50 tonnes GVW, they were limited by UK law to 44 tonnes GVW whilst in the UK and thus subject to the Band E. The DVSA agreed and withdrew the Penalty Notices.
At Cartwright King we have a wealth of experience in arguing against Fixed Penalties and in appeals. We regularly take on cases for both UK-based and European Operators and drivers and have an track record of success both in the UK and abroad.