Claim to avoid fine after penalty notice
30.6.—(1) This rule applies where—
(a)a chief officer of police serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a penalty notice; and
(b)the court or a fines officer enforces the fine.
(2) A defendant who claims not to be the person to whom the penalty notice was issued must, unless the court otherwise directs—
(a)make that claim in writing; and
(b)serve it on the court officer.
(3) The court officer must—
(a)notify the chief officer of police by whom the certificate was registered; and
(b)refer the case to the court.
(4) Where such a claim is made—
(a)the general rule is that the court must adjourn the enforcement for 28 days and fix a hearing; but
(b)the court may make a different order.
(5) At any such hearing, the chief officer of police must introduce any evidence to contradict the defendant’s claim.
[Note. See section 10 of the Criminal Justice and Police Act 2001(1).
For the circumstances in which a sum may be registered for enforcement as a fine after failure to comply with a penalty notice, see sections 8 and 9 of the 2001 Act(2).]
2001 c. 16; section 10 was amended by paragraphs 1 and 10 of Schedule 23 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
2001 c. 16; section 8 was amended by section 109(1) of, and paragraph 399 of Schedule 8 to, the Courts Act 2003 (c. 39). Section 9 was amended by section 109(1) of, and paragraph 400(1) (2) (3) and (4) of Schedule 8 to, the Courts Act 2003 (c. 39).