Commentary on Sections Section 12: Judicial determination of enforcement of fixed penalty
40.Section 12 provides a mechanism under which disputes as to whether or not a fixed penalty has been paid or a hearing sought within the period for paying can be resolved by the courts. Subsection (1) enables a person who is in dispute with the local authority to apply to the sheriff by summary application for a declaration that the fixed penalty cannot be enforced under section 11 ether because the fixed penalty has been paid or a request for a hearing has been made within the period for paying.
41.Subsection (2) provides that the sheriff may declare that the person has or has not paid the penalty or requested a hearing within the period for paying and that the fixed penalty is or is not enforceable under section 11.