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.