CH270450 - How to do a compliance check: penalties for failure to comply with notices: Paragraph 5, Schedule 36 and Schedule 23 increased daily penalties
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You can apply to the tribunal to impose increased daily penalties under Sch23, FA11 and for Identity Unknown notices under Sch36, FA08, where the initial and daily default penalties have not been effective in getting the data, documents or information you require.
Before asking the tribunal to increase the daily penalties, you must ensure:
- the data-holder or third party has been assessed with an initial fixed penalty of £300 - see CH270100, and daily default penalties - see CH270200
- 30 days have passed since the data-holder or third party was last assessed with the daily penalty and they still have not complied with the notice
- the data-holder or third party has been told that you are making an application to the tribunal for increased daily penalties
If the tribunal decides to increase the daily default penalty, see CH29550 for details on tribunal decision. You must update:
- the data-holder or third party with the increased daily default penalty amount, and the date from when the new increased penalty will be charged if they still have not complied with the notice by that date
- the National Penalties Processing System (NPPS) with the new amount - see CH270500