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Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
<P>If i appeal against an unfair ticket, does that mean i have to pay the full £120 charge, or does it reset the clock (14 days) within which i can pay the reduced £60 charge?</P>
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
It should say on the ticket.
Commonly the first appeal, which is an "informal appeal", results in the clock being reset, but I'm not sure that applies everywhere. But you have to wait 28 days for the Notice to Owner before you can make the "formal appeal" by which point you lose the discount right. Hope I have that about right.
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
Thanks. I only says that i may be entitled to make representations. If i do "neither of these things" (ie pay the ticket or appeal) the charge may increase to £180. And "at this stage it would be too late to make any representations. I agree that it should make it clear whether appealing resets the 14 day clock
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
In Glasgow, after the Notice to Owner, if I still wish to appeal to the Adjudicator, and he finds against me, the clock restarts and I can again pay the discounted fee. This is to ensure that I'm not penalised because of the appeals process. Of course, if I succeed in my appeal and the ticket is cancelled, that is an end to the matter.
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
Originally Posted by buzby
In Glasgow, after the Notice to Owner, if I still wish to appeal to the Adjudicator, and he finds against me, the clock restarts and I can again pay the discounted fee. This is to ensure that I'm not penalised because of the appeals process. Of course, if I succeed in my appeal and the ticket is cancelled, that is an end to the matter.
Are you sure thats true? Thats ridiculous that would mean no one ever pays at the proper rate and it would just result in everyone appealing regardless of a valid case? Once it gets to notice to owner you are not meant to get the discount.
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
It is - according to my reading of the SPAS website (Scottish version of the Adjudication service). I'm surprised you are surprised - as 'no one ever' pays the 'proper' rate. If there IS no appeal - and lets face it, the bulk of those tickets issued will not be formally challenged, they'll all lose their right to a discount.
For those who are genuinely challenging the ticket - if my challenge is based on the ticket was inappropriatly issues (they claim I was in a loading bay when I was not) and I have supplied photographic evidence I wasn't, yet the adjudicator finds in favour of the Coumcil, a decision has been made, and I should therefore pay up. I would then pay the amount originally demanded (incl discount) as its purpose is to ensure speedy payment. If I pay quickly then the discount still applies.
What you suggests means that simply because I challenge their ticket for accuracy, I should somehow lose the benefit of reduced fee strikes me as the greater injustice!
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
Originally Posted by buzby
It is - according to my reading of the SPAS website (Scottish version of the Adjudication service). I'm surprised you are surprised - as 'no one ever' pays the 'proper' rate. If there IS no appeal - and lets face it, the bulk of those tickets issued will not be formally challenged, they'll all lose their right to a discount.
For those who are genuinely challenging the ticket - if my challenge is based on the ticket was inappropriatly issues (they claim I was in a loading bay when I was not) and I have supplied photographic evidence I wasn't, yet the adjudicator finds in favour of the Coumcil, a decision has been made, and I should therefore pay up. I would then pay the amount originally demanded (incl discount) as its purpose is to ensure speedy payment. If I pay quickly then the discount still applies.
What you suggests means that simply because I challenge their ticket for accuracy, I should somehow lose the benefit of reduced fee strikes me as the greater injustice!
What I was trying to point out was that it just makes a joke of the legislation. If you fail to pay the ticket or appeal within 28 days it goes up thats the law. What you are saying is that you can ignore the ticket for 28 days then when the NTO comes you can enter an appeal even if you have no case wait several months for it to be heard then pay then discount within another 14 days. Why would anyone ever pay at the full rate? The discount should be held for appeals to the Council if appealled WITHIN 14 days but if you go to the adjudicator it should be at the full rate and the adjudicator has NO legal juristriction to lower the payment to the discount rate if they (the adjudicator) insist the discount should be given they are acting outside the law and their descision liable to be overturned at a higher court.
Re: Appealing a traffic offence: Does that give you more time to pay the reduced fixed penalty?
Originally Posted by green_and_mean
If you fail to pay the ticket or appeal within 28 days it goes up thats the law.
We need to define the difference between a LAW and a STATUTE.
This is a statute - i.e. unenforceable unless you consent to it, most people are unwittingly duped into contracting with the issuer of the pcn. If you do not consent to their offer of a contract there is nothing they can do lawfully (not legally). You still need to reply appropriately (i.e. refuse their offer of a contract) within the time frame or you will have contracted by your acquiescence.
For more info and the difference between laws and statutes: