(2) Where it
appears to a prescribed person that any other person has committed any
prescribed offence against this Act or the regulations or is, by virtue of
section 159, guilty of such an offence, the prescribed person may serve a
notice on that other person to the effect that, if that other person does not
desire to have the matter determined by a court, he or she may pay to a person
specified in the notice at the place and within the time so specified the
amount of the penalty prescribed for the offence if dealt with under this
section.
(3) A notice under subsection (2) may be served--
(a) where the
offence is a parking offence within the meaning of section 159 or an offence
of which a person is guilty by virtue of that section--
(ii) by addressing the notice to the owner of the
vehicle to which the offence relates, without naming that owner or stating his
or her address, and leaving it on, or attaching it to, the vehicle, or
(b) in
any other case--in the manner provided by section 174.
(4) Where the amount
of penalty prescribed for an alleged offence is paid pursuant to this section,
no person shall be liable for any further proceedings for the alleged offence.
(5) Payment of a penalty pursuant to this section is not an admission of
liability for the purpose of any action or proceedings and does not in any way
affect or prejudice any civil claim, action or proceedings arising out of the
same occurrence.
(a) prescribe an offence as a
prescribed offence for the purposes of this section by specifying the offence
or by reference to the provision creating the offence,
(b) prescribe the
amount of penalty payable under this section for each prescribed offence, and
(c) for the purposes of this section, prescribe different amounts of penalties
for different offences or classes of offences, or for offences or classes of
offences having regard to the circumstances thereof.
(7) No amount of penalty
prescribed under this section for any offence shall exceed any maximum amount
of penalty which could be imposed for the offence by a court.
(8) The
provisions of this section are supplemental to, and do not derogate from, any
other provisions of this or any other Act in relation to proceedings that may
be taken in respect of prescribed offences.
(a) may withdraw the notice within 28 days after the date on
which the notice was served, and
(b) must withdraw the notice immediately if
directed to do so by the Secretary.
(10) The following provisions have effect
in relation to an alleged offence if a penalty notice for the alleged offence
is withdrawn in accordance with subsection (9)--
(a) The amount that was
payable under the notice ceases to be payable.
(b) Any amount that has been
paid under the notice is repayable to the person by whom it was paid.
(c)
Further penalty notices and proceedings in respect of the alleged offence may
be taken against any person (including the person on whom the notice was
served) as if the notice had never been served.
