127Withdrawal of infringement notice

127 Withdrawal of infringement notice (1) This section applies to an infringement notice that has been served on a person for an infringement notice offence. (2) The administering authority may, by notice served on the person, withdraw the infringement notice, whether or not— (a) the person has made an application for the withdrawal of the infringement notice; or (b) the infringement notice penalty (or part of it) has been paid for the offence; or (c) the person has disputed liability for the infringement notice (3) The notice must— (a) include the number of the infringement notice and the date of service of the infringement notice; and (b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4). (4) On service of the notice— (a) this part ceases to apply to the infringement notice; and (b) if the infringement notice penalty (or part of it) has been paid— the amount paid must be repaid by the administering authority; and (c) if section 125 (Effect of payment of infringement notice penalty) applies to the offence—the section ceases to apply, and is taken never to have applied, to the offence; and (d) a proceeding for the offence may be taken in a court against anyone (including the person) as if the infringement notice had not been served on the person.