CCP05055 - Procedures to follow for penalty officers: New information provided
The guidance at CCP05010 to CCP05070 is for Civil Penalty Officers (CPOs).
If new information is provided but the trader has not asked for a review, see ARTG3080.
Where a Warning Letter has been issued, the compliance officer who decided to issue the Warning Letter should consider whether the new information provides a basis for amending the original decision.
If a penalty has been charged you should consider whether the new information provides a basis for amending the original decision.
For example
- Did a contravention occur at all?
- Does the new information amount to a reasonable excuse?
or
- In the case of a Penalty Notice, is mitigation is now appropriate?
If the new information does not change the decision, you should notify the trader in writing allowing them a further 30 days in which to accept the review offer or appeal to the tribunal, see ARTG3080.
If you decide to withdraw the penalty, it may be appropriate to include the two year warning, see CCP04040, in the letter telling the trader the penalty is withdrawn, see CCP05050.
