How to appeal a Companies House late filing penalty
Receiving a late filing penalty can feel unfair, especially if you thought you had everything under control. The good news is that you can appeal. The less good news is that most appeals fail. Here is a clear guide to when you have a real chance, what grounds work, and how to submit an appeal that gets looked at properly.
When you can actually appeal
You can appeal a late filing penalty if you believe you have exceptional circumstances that prevented you from filing on time. The key word is exceptional. Companies House receives thousands of appeals every year, and they reject most of them because the reasons given are not considered exceptional under the rules.
The appeal must be made within 28 days of the penalty notice date. Miss that window and your appeal will be rejected automatically, no matter how good your reason is.
Grounds that actually work
Companies House publishes a list of circumstances that are unlikely to succeed on their own. Understanding what does not work helps you focus on what might.
Reasons that usually fail
- Relying on an accountant or agent. You hired someone to file for you, they missed the deadline, and you think that lets you off. It does not. The company is legally responsible, not your agent. You can pursue your agent separately for negligence, but that is between you and them.
- Not knowing the rules. Ignorance of the law is not a defence. Every director is expected to know that accounts must be filed on time.
- Financial difficulties. Being short of cash does not excuse a late filing. If you cannot afford an accountant, you still need to file something, even if it is basic statutory accounts.
- Accounts delayed or lost in the post. Filing online is the standard method now, and it gives you instant confirmation. Postal delays are not exceptional.
- Pressure of work or lack of staff. Running a busy business is normal. It is not exceptional.
- Domestic problems that did not prevent you from running the business. If the issue was serious enough to stop you filing, Companies House will want evidence that it also stopped you from doing anything else business related.
Reasons that might work
- Serious illness or death. If a director or key person was hospitalised or incapacitated in a way that genuinely prevented filing, and you can provide medical evidence, this can succeed. The illness must have happened close to the deadline and made filing impossible, not just difficult.
- Fire, flood, or theft of records. A genuine disaster that destroyed your records or systems, and you can prove it happened and when. You will need evidence like police reports, insurance claims, or fire service records.
- Companies House error. If Companies House made a mistake on their side, for example they recorded a filing as rejected when it should have been accepted, you have a strong case. You will need proof like submission receipts and correspondence.
- Dormant company filed wrong form. If your company is dormant and you filed a confirmation statement but forgot the separate accounts filing, and this is your first time, you might get some leniency. But this is not guaranteed.
How to appeal step by step
1. Gather your evidence first
Before you write anything, collect proof. Medical certificates, death certificates, police reports, fire service records, screenshots, emails, filing receipts. Whatever supports your case. If you do not have hard evidence, your appeal will almost certainly fail.
2. Write a clear appeal letter
Your appeal should include:
- Company name and number
- Penalty reference number from the penalty notice
- A clear statement of what happened and when
- Why this prevented you from filing on time
- What steps you took to try to file despite the problem
- What you have done to make sure it does not happen again
Keep it factual and concise. Do not ramble. Do not blame. Do not be emotional. Companies House staff read hundreds of these. Make it easy for them to see your point.
3. Submit within 28 days
You can appeal online or by post. Online is faster and you get confirmation of receipt. The 28 day window starts from the date on the penalty notice, not the date you received it. Count carefully.
To appeal online, log in to the Companies House WebFiling service and follow the penalty appeal process. You will need your company authentication code.
To appeal by post, send your letter and evidence to:
The Registrar of Companies
Companies House
Crown Way
Cardiff
CF14 3UZ
4. What happens next
Companies House will review your appeal. This can take several weeks. If they need more information, they will write to you. If they accept your appeal, the penalty is cancelled. If they reject it, you get a letter explaining why.
If your appeal is rejected, you can ask for a formal review by a different member of staff. This is not a second appeal, it is a check that the first decision was made correctly. You need to request this within 14 days of the rejection letter.
If the review also goes against you, the penalty stands. You will need to pay it. Ignoring it at that point can lead to court action and additional costs.
Should you pay while appealing?
You do not have to pay the penalty while your appeal is being considered. Companies House will pause collection action until they decide. However, if your appeal fails, the penalty is due immediately.
If you think your appeal is weak, paying early avoids any risk of collection costs later. If you are confident in your case, wait for the decision.
Prevention is cheaper than appeals
Even if you win an appeal, you have spent time gathering evidence, writing letters, and waiting for decisions. That time costs money. Better to avoid the penalty in the first place.
- Set multiple reminders. Use your calendar, your accounting software, and the free Companies House email reminder service.
- File early. Do not wait until the deadline day. Aim for at least two weeks before. Systems can fail, files can be rejected for technical reasons, and you need time to fix problems.
- If you use an accountant, agree clear deadlines with them well before the legal cutoff. Do not assume they will remember.
- Track your companies. If you run more than one entity, use a tool that consolidates all your deadlines in one place. Manual tracking works for one company, but errors creep in fast when you hit three or more.
A real example that worked
What they said:
A director was hospitalised two weeks before the accounts deadline following a serious car accident. The company accountant tried to prepare the accounts but needed director sign off, which was impossible while the director was in intensive care. No other director had authority to sign.
What happened:
The appeal included hospital admission records, doctor letters confirming the director was incapacitated, and evidence of signing authority. Companies House accepted the appeal and waived the penalty.
A real example that failed
What they said:
Our accountant made an error and missed the deadline. We relied on them to file on time and they let us down. This is their fault, not ours.
What happened:
The appeal was rejected. The company was still legally responsible for ensuring the filing was made, regardless of who they hired. The company then pursued a professional negligence claim against the accountant separately, which is the correct route in these situations.
Quick checklist for appeals
- Check the penalty notice date and count 28 days carefully.
- Gather hard evidence before you start writing.
- Write a factual, concise letter with company details, penalty reference, what happened, when, why it prevented filing, and what you have done since.
- Submit online if possible for faster processing and confirmation.
- If you are using post, send it recorded delivery so you have proof.
- If rejected, consider a formal review within 14 days, but only if you have new evidence or believe the decision was wrong.
- If all appeals fail, pay the penalty to avoid court action.
The reality check
Most appeals fail because most reasons are not exceptional. Accountants make mistakes. People get busy. Systems crash. Life happens. None of that is exceptional in the legal sense.
If you have a genuine, evidenced, exceptional reason, appeal. If you are hoping Companies House will be lenient because you feel hard done by, save yourself the time. Pay the penalty, set up better systems, and move on.
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