How to return an infringement fine to the issuing authority
Once your infringement has reached us it is usually too late to dispute it. If there has been a mistake in how it was filed with us, there are some reasons (grounds) you can use to challenge the filing and have the fine sent back to the issuing authority. The reasons are:
your identity was mistaken
you did not get the reminder notice
you did not get a notice of hearing
you asked for a hearing but did not get a response
you did what the issuing authority asked and let them know that you had done it
you had more time to ask for a hearing
you asked for information that you were not given
you paid on time
another error in the process of the fine being sent to court.
Complete the application to dispute that a fine has been filed in court
This is also called a section 78B application. Read the form carefully so that you understand the reasons for challenging the fine being sent to the court. You must show that your situation fits one of these reasons to have your application approved.
You may download an application form, ask for one from our staff by calling 0800 4 FINES, or get one from your local district court.
Your application will be reviewed by a registrar who will make a decision. If your application is made on a week day the decision will be made within 48 hours, but there could be a delay of up to 28 days if your application needs to be reviewed by the issuing authority.
Once a decision has been made, you will be sent a letter telling you the outcome. If you made your application by email then you will receive an email with this information.
Re-issue reminder notice: The issuing authority will give you a new reminder notice. You can talk about it with them or pay the infringement amount. You should contact the issuing authority within 28 days of when we tell you that your application was approved, even if you don’t get the reminder.
Set up a hearing: Sometimes a hearing will be set up so the issue can be judged further, usually only if you originally asked for a hearing.
Withdrawal: The issuing authority may ask for the fine to be taken out of the courts and cancel it. Issuing authorities can choose to do this, but they are not legally required to.
If your application is declined
If your application has been declined you can:
pay the fine
make a new application, with new evidence or using a new reason
apply for a review of the decision. You cannot provide new evidence with this application.