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Antisocial Behaviour etc. (Scotland) Act 2004

Section 132 – Payment of fixed penalty

290.Section 132 makes provision in relation to payment of fixed penalties. Subsection (1) provides that the fixed penalty should be paid to the clerk of the court set out in the notice.

291.Subsection (2) provides that payment may be made by posting a letter containing cash – or other form of payment – for the required amount to the proper address. Subsection (7) provides that the proper address is the address described in the fixed penalty notice.

292.Subsection (3) and (4) provide that, where a person claims to have paid the penalty by post in terms of subsection (2) and he or she is able to show evidence that the letter was posted, then the payment will, unless the contrary is proved, be treated as having been made at the time at which the letter would be delivered in the ordinary course of post.

293.Subsection (5) provides that provision for payment by post in terms of subsection (2) does not preclude payment by other means.

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