C1C3Part III C2 Fixed Penalties
Pt. III modified (16.8.2013) by The Fixed Penalty Offences Order 2013 (S.I. 2013/1565), arts. 1, 2
Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2
The fixed penalty procedure
73 Notices fixed to vehicles: when registration invalid.
1
This section applies where—
a
a person who has received notice of the registration, by virtue of section 64(2) of this Act, of a sum under section 71 of this Act for enforcement against him as a fine makes a statutory declaration to the effect mentioned in subsection (2) below, and
b
that declaration is, within twenty-one days of the date on which the person making it received notice of the registration, served on the F1proper officer of the relevant court.
2
The statutory declaration must state either—
a
that the person making the declaration did not know of the fixed penalty concerned or of any fixed penalty notice or notice to owner relating to that penalty until he received notice of the registration, or
b
that he was not the owner of the vehicle at the time of the alleged offence of which particulars are given in the relevant notice to owner and that he has a reasonable excuse for failing to comply with that notice, or
c
that he gave notice requesting a hearing in respect of that offence as permitted by the relevant notice to owner before the end of the period allowed for response to that notice.
3
In any case within subsection (2)(a) or (b) above—
a
the relevant notice to owner,
b
the registration, and
c
any proceedings taken before the declaration was served for enforcing payment of the sum registered,
shall be void but without prejudice, in a case within subsection (2)(a) above, to the service of a further notice to owner under section 63 of this Act on the person making the declaration.
This subsection applies whether or not the relevant notice to owner was duly served in accordance with that section on the person making the declaration.
4
In any case within subsection (2)(c) above—
a
no proceedings shall be taken, after the statutory declaration is served until the end of the period of twenty-one days following the date of that declaration, for enforcing payment of the sum registered, and
b
where before the end of that period a notice is served by or on behalf of F3the relevant person on the person making the declaration asking him to provide a new statutory statement of ownership to F3the relevant person before the end of the period of twenty-one days from the date on which the notice is served, no such proceedings shall be taken until the end of the period allowed for response to that notice.
F24A
In subsection (4) above “the relevant person” means—
a
if the fixed penalty notice concerned was fixed by a constable, the fixed penalty clerk, and
b
if it was fixed by a vehicle examiner, the Secretary of State.
5
Where in any case within subsection (2)(c) above—
a
no notice is served F4... in accordance with subsection (4) above, or
b
F5... a notice is so served and the person making the declaration provides a new statutory statement of ownership in accordance with the notice,
then—
i
the registration and any proceedings taken before the declaration was served for enforcing payment of the sum registered shall be void, and
ii
the case shall be treated after the time mentioned in subsection (6) below as if the person making the declaration had given notice requesting a hearing in respect of the alleged offence as stated in the declaration.
6
The time referred to in subsection (5) above is—
a
in a case within paragraph (a) of that subsection, the end of the period of twenty-one days following the date of the statutory declaration,
b
in a case within paragraph (b) of that subsection, the time when the statement is provided.
7
8
References in this section to the relevant notice to owner are to the notice to owner relating to the fixed penalty concerned.
Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)
Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)