Hello I have 2 generic questions please I hope is OK to post here.
Is an authority allowed to enforce purely for making money? Like let's say they even admitted a box junction has no traffic purpose and they were enforcing just to raise revenue, obviously immoral but is that actually illegal? If so which law?
2. Is it possible to appeal to authority, they reject, then adjudicator all within discount period and if you lose pay the discounted rate? Or you must always pay higher rate if you lose at adjudicator?
Of course councils are enforcing to make money ! Yes, it's immoral but they will always claim whatever restriction they have imposed is required and has been legally introduced. London councils make millions from PCN penalties, and patrol the streets with a veritable army of CEOs 24x7. Only when exposed in the national press do they ever back down.
As regards your point '2', the discount is lost when a Notice to Owner is served although many councils do reoffer when rejecting reps against a NtO to encourage payment and save them the bother of having to prepare an evidence pack for London Tribunals. A PCN served for a moving traffic offence is effectively an NtO because it is served by post to the keeper name and address on the V5 for the vehicle. Reps against these which are refused, (like >99% of them !!) normally get a discount offer. All appeals at the adjudicator are with the full PCN penalty in play, there is no discount option.
Going from receipt of PCN to NtO to London Tribunals normally takes many weeks or even months. Only about 1-2% of all PCNs ever get to adjudication as most people, being ignorant of parking and traffic law, cough-up as soon as a PCN is served to get the discount.
