Terms & Conditions

[seanosul]

If an admin penalty is offered, accepted and then not paid does this count as a termination of the agreement allowing the Council to procees with a prosecution or is the prosecution still blocked by the fact that the claimant agreed to pay the penalty?

[APT]

As far as I am aware you cannot prosecute someone for the original offence when they have accepted an admin penalty.

You could prosecute them (probably as a civil matter) for the non-payment of a debt they have agreed to repay.

[Anonymous]

I have been considering this as well recently.
The consensus appears to be that you cannot prosecute someone for the offence however as the previosu correspondent suggests may choose civil action to register the debt in court (A58/98 describes)

[seanosul]

You can prosecute them when the claimant terminates the agreement though. I am just wondering if anyone has successfully argued in Court that non payment is termination of the agreement.

[Anonymous]

You can prosecute them if they [i:844a67fbac]withdraw[/i:844a67fbac] their agreement within 28 days of agreeing to pay it – known as “the cooling off period”. Once this period has expired and they have not withdrawn their agreement, the only course of action available is to pursue to debt civilly. You [b:844a67fbac]cannot [/b:844a67fbac]prosecute them for the offence. Withdrawal within the 28 day period is the only way (other than of course them not agreeing) that you can prosecute for an offence where an Adpen has been offered. see SSAA92 115A (5)

[Author]

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