PART IIIFixed Penalties

Fixed penalty offences and fixed penalty notices

33Payment of fixed penalties, effect of payment and supplementary provisions

(1)

Payment of a fixed penalty under this Part of this Act shall be made to such justices' clerk or, in Scotland, clerk of court as may be specified in the fixed penalty notice relating to that penalty and, in England and Wales, sums paid by way of fixed penalty for an offence shall be treated for the purposes of section 61 of the M1Justices of the Peace Act 1979 (application of fines and fees) as if they were fines imposed on summary conviction for that offence.

(2)

References below in this Part of this Act, in relation to any fixed penalty or fixed penalty notice, to the fixed penalty clerk are references to the clerk specified in accordance with subsection (1) above in the fixed penalty notice relating to that penalty or (as the case may be) in that fixed penalty notice.

(3)

Without prejudice to payment by any other method, payment of a fixed penalty under this Part of this Act may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) and, unless the contrary is proved, shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. A letter is properly addressed for the purposes of this subsection if it is addressed to the fixed penalty clerk at the address specified in the fixed penalty notice relating to the fixed penalty as the address at which the fixed penalty may be paid.

(4)

In any proceedings a certificate—

(a)

that payment of a fixed penalty was or was not received,

by a date specified in the certificate, by the fixed penalty clerk; or

(b)

that a letter containing an amount sent by post in payment of a fixed penalty was marked as posted on a date so specified;

shall, if the certificate purports to be signed by the fixed penalty clerk, be evidence (and, in Scotland, sufficient evidence) of the facts stated.

(5)

Proceedings may not be brought against any person in respect of an offence to which a fixed penalty notice relates if the fixed penalty is paid in accordance with this Part of this Act before the end of the suspended enforcement period.

(6)

Proceedings in respect of an offence to which a notice to owner relates may not be brought against any person identified as the driver of the vehicle in a statutory statement of facts furnished in response to the notice if the fixed penalty is paid in accordance with this Part of this Act before the end of the period allowed for response to that notice to owner under section 31 of this Act.

(7)

Where, in England and Wales, a justices' clerk for a petty sessions area comprised in the area of one responsible authority (within the meaning of section 59 of the M2Justices of the Peace Act 1979) discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

(a)

that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

(b)

any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (4) of section 59 of that Act the net cost to those authorities respectively of the functions referred to in subsection (1) of that section.

(8)

Subsection (7) above does not apply to functions discharged in connection with a fixed penalty on or after the registration of a sum determined by reference to the penalty under section 36 of this Act.