6.—(1) No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.
(2) A penalty charge will not be payable in relation to a pedestrian crossing contravention where—
(a)the conduct constituting the contravention is the subject of criminal proceedings; or
(b)a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988(1), has been given in respect of that conduct.
(3) Where, notwithstanding the provisions of paragraph (2)—
(a)a penalty charge has been paid in respect of a pedestrian crossing contravention; and
(b)the circumstances are as mentioned in paragraph (2)(a) or (b),
the enforcement authority must, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge.
Section 52 was amended by the Access to Justice Act 1999 (c. 22), paragraph 147, by the Courts Act 2003 (c. 39) Schedule 8, paragraph 314 and by the Statute Law (Repeals) Act 2004 (c. 14), Schedule 1, Part 14.