1.282 Mentions there is “there is no right to trial, only to make representations and to appeal the imposition of a penalty only after it has been imposed.
Something that does concern us is the fact that the ADI will not be able to make representation until after the sanction has been issued. Then there will be serious cost implications.
Let explore the costs involved should ADI decide to challenge a civil sanction issued by the ADI Registrar.
The only course of action is to appeal to the First Tier of the Transport Tribunal.
The only grounds for an appeal
http://landmarkchambers.co.uk/resources/Possible_legal_issues_arising_under_the_Act.pdf
21 Provision must be made for a right of appeal against a fixed penalty. That right of appeal must allow the subject of the penalty to challenge the decision on (at least) the following bases (s 40(6)):
a. That the decision to impose the penalty was based on an error of fact
b. That the decision was wrong in law;
c. That the decision was unreasonable.
What will an appeal cost.
The following link gives that information;
Page 6
The figure of £3860 is quoted as the cost of a lost appeal. So therefore this would be the amount charged to any ADI going down the appeal route and losing. This is the cost for them (Enforcement Authority) losing a case so I assume they would charge this to the ADI if they lost.
There is no mention of any compensation or costs for an appeal won.
The £3860 will just be the cost of the appeal, then you need to add the civil sanction plus there are also costs. The enforcer is allowed to add the cost involved in bringing the civil sanction.