[freeopinion]

In the first scenario, the repeat offender is clearly the tagger.

But to address your valid question, the scheme shifts the costs to the scooter provider who would likely then impose costs on the scooter polluter. Although they may instead choose to impose costs on all their customers to subsidize the offender.

But it is a very clumsy scheme with many flaws, so probably not a great model upon which to iterate.