(1) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that-

(a) the relevant fixed charge notice-

(i) if being served personally or affixed to a vehicle, has been so served or affixed, or

(ii) if being served by post, has been so served where there is proof of posting or delivery of the notice,

and

(b) that a payment under the relevant fixed charge notice, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.

(2) In any proceedings in respect of a fixed charge offence a document purporting to be a certificate or receipt of posting or delivery issued by or on behalf of An Post or another postal service is admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed charge notice.

(3) Where, in a case to which section 35(1)(b) applies, the registered owner of the mechanically propelled vehicle concerned does not give or send in accordance with section 35(6) the information specified in paragraph (b) of that subsection, then-