Rule 30.6 Claim to avoid fine after penalty noticeI1

England and Wales As made

(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^f1.

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^f2.]

Annotations

Commencement

I1: Rule 30.6 in force at 6.10.2025, see Preamble

Footnotes

f1: 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).
f2: 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).