Hope someone can provide some guidance. Aa family member took their two children on holiday last year which wasn't term time. The school and LA have sent a fine notice for one children (both children at the same school) due to absence. letter was dated before Christmas but not received to allow payment of the £60 within the 14 days, thereby increasing automatically to max of £120 days. Due to Christmas and new year and LA office being closed, family member was not able to contact them to discuss. When called LA office told on several occasions now too late to pay fine and family member is being prosecuted for non payment. We have tried sending cheque recently but this has been returned. From research I have read it states that prosecution proceedings can be started 42 days from date of letter but it's now over four months since date of original letter but nothing has been received from court. Is this normal and does the LA have the right to reject payment even if we try to make it?
Yes they can do that. Your relative will have to go to court and plead guilty then explain to the court the reason why he was not able to pay within the fourteen days. If the court accepts what he says they may be persuaded to impose a fine equivalent to the fixed penalty.
By the way, you said he "...took their two children on holiday last year which wasn't term time." Did you mean it WAS term time?
What we are trying to find out is how long does it take from the time of the letter being sent and being prosecuted? the fine is not being disputed, just want to pay it and get it resolved.