010-2829-3374

Suspension & Penalty Surcharge

Appeals

/ Appeals / Suspension & Penalty Surcharge
Subsidy Clawback Suspension & Penalty Surcharge Debarment Release

A suspension order stops your revenue the day it takes effect. Responding while it is still an advance notice is what keeps your options open.

In many sectors a suspension can be converted into a surcharge,
and the period or the amount can be reduced according to the breach.

When we
can help CASES

  • You have received advance notice of suspension in food and hygiene, construction, transport, private education, medical devices, distribution or a similar sector
  • You want the suspension converted into a surcharge
    (where stopping trading would be untenable)
  • The surcharge imposed appears excessive relative to the breach
  • An aggravated penalty has been signalled for a repeat breach, but the circumstances differ from the earlier one
  • The order has already been issued and you need to consider an objection, an appeal or a stay of execution

Possible approaches OPTIONS

CancellationWhere the breach did not occur, or the statute has been misapplied
Conversion to a surchargeWhere suspension would seriously inconvenience users or employees, or harm the public interest
Reduction of period or amountWhere the breach is minor, unintentional and corrected at once. First offence and voluntary disclosure also count
Stay of executionWhere closing the business while the order is contested would cause harm that cannot be undone

How it proceeds PROCESS

  1. 01
    Reading the advance noticeWe match the statute, the sentencing table and the aggravating and mitigating factors to estimate the realistic outcome.
  2. 02
    Filing the statementWithin the deadline we submit a statement setting out how the breach arose, what was corrected and what mitigates it.
  3. 03
    HearingWhere a hearing is held we prepare the points to be made and attend with you.
  4. 04
    Objection and appealOnce the order is issued we seek cancellation or reduction within the statutory period.
  5. 05
    Stay of executionWhere necessary we run the procedure to suspend the effect of the order in parallel.

What to prepare CHECKLIST

  • Notice or orderThe suspension notice or the surcharge assessment
  • Business credentialsBusiness registration certificate, operating permit or licence
  • Evidence of correctionAn account of how the breach arose, photographs, training completed, equipment replaced
  • Evidence of harmRevenue figures, staffing — anything that shows what closing would cost

The statement deadline matters most. Once the date on the advance notice passes, the agency proceeds with the order as notified. Call us the day the notice arrives.

CONTACT

Talk to us before you close the doors

Responding at the advance-notice stage changes the odds of conversion and reduction considerably.

TEL010-2829-3374 Request a consultation →