The general rules on the 50% discount:
Very consistently, all councils in England & Wales reoffer the discount:
1) For roadside PCNs, at long as the PCN is challenged within 14 days of the date of issue,
2) For the notice to owner, as long as the NTO is challenged
within 14 days of the date of issue,
There are virtually no circumstances where anyone should be advised to pay the discount upon receipt of a roadside PCN. Regardless of the contravention, everyone should have a shot at making representations. No matter how clear-cut the case might be, the council might mess up the response or miss a statutory or common law deadline.
The only notable exceptions to the above are:
1) Nottingham City Council, which has form for not reoffering the discount and advice on whether to make representations or pay the discount must be given on a case by case basis, and
2) Birmingham City Council CAZ PCNs only, where there are grounds to challenge the PCN but the motorist should be made aware that making representations means foregoing the discount,
Guidance for all PCNs except Nottingham City Council and Birmingham City Council CAZ PCNs:In all other cases, motorist should
always be advised to challenge everything, even if only to buy time. Sometimes all senior experts are busy but making informal representations against a roadside PCN can buy several weeks if not a couple of months. If a motorist appears to have a hopeless case, it's always worth mentioning the
strategy of last resort, as most adjudicators accept that failing to open a link can amount to a failure to consider.
Roadside PCNs should
always be challenged, please never advise anyone to pay one of these unless there is something truly exceptional about the case.
For discount purposes postal PCNs are the same as roadside PCNs, they should always be challenged and doing so within the discount window will see the discount reoffered. If you cannot see a clear ground of appeal, whether a motorist should be advised to put in a "
holding" representation within the 14 days to preserve the discount or whether the assistance of a more senior expert should be sought before representations are submitted is a judgment call you will have to make.
Notice to Owner guidance:If an informal representation is rejected, then (Nottingham City Council excepted)
always advise motorists to wait for the notice of owner and explain that as long as the notice to owner is challenged within 14 days of the date of issue, the discount will normally be reoffered even if the representation is rejected. There is always a risk that a given council might follow Nottingham's lead, but any given OP would have to be exceptionally unlucky to become a victim of such a change in policy. It is important to explain that the formal rejection will reoffer the discount, sometimes OPs get confused and expect to see the discount reoffered on the face of the NTO, which obviously cannot ever happen.
When to advise to pay the discount:Those seeking advice should only be advised to pay the discount if:
1) All opportunities to make representations (formal and informal) have been exhausted and,
2) There are no viable grounds of appeal identified by any of the recognised experts on the site.
