12Judicial determination of enforcement of fixed penalty
1
A person against whom a fixed penalty is being enforced under section 11 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable under that section on the ground that—
a
the fixed penalty was paid before the expiry of the period for paying; or
b
the person has made a request for a hearing in accordance with section 8.
2
On summary application under subsection (1), the sheriff may declare—
a
that the person has or, as the case may be, has not paid the fixed penalty within the period for paying;
b
that the person has or, as the case may be, has not requested a hearing in accordance with section 8; and
c
that the fixed penalty is or, as the case may be, is not enforceable under section 11.