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Well they rejected my representation. Don’t think they even read it as it doesn’t mention anything I said, just a standard response. Guess I’ll have to pay it as I can’t deny crossing the boundary of the school street, I just had extenuating circumstances 

Yes they have reoffered the discount. I've attached the representation and the rejection. I fear I'll just have to pay it.

Rejection p1
Rejection p2
Rejection p3
Rejection p4
Rejection p5
Representation

Thanks. I just checked the info on the Tribunal page and it doesn’t look like I have grounds to appeal as it says the Tribunal can’t consider mitigating circumstances…

Here is the info:
Notice of Appeal
This is the form which the enforcement authority should send you their Notice of Rejection. The grounds on which the adjudicator may allow your appeal are the same as for making representations:

The contravention did not occur;
You were not the owner of the vehicle at the relevant time;
The vehicle was parked by someone in control of it without the owner’s consent;
The vehicle is owned by a hire firm who have supplied the name and address of the hirer;
The penalty exceeded the amount applicable in the circumstances of the case;
There has been a procedural impropriety on the part of the enforcement authority;
The Traffic Order allegedly contravened is invalid;
The civil enforcement officer was not prevented by some person from fixing the penalty charge notice to the vehicle or handing it to the person in charge of the vehicle.
The penalty charge has already been paid.
The adjudicator can only allow an appeal if one of these grounds applies. Adjudicators cannot allow appeals for other reasons, e.g. mitigating circumstances, although they can refer the matter back to the enforcement authority for reconsideration if there are compelling reasons for doing so.

Indeed. Failure to consider falls under procedural impropriety.

Variously:

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

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The process of considering challenges, representations and defence of appeals is a legal process that requires officers dealing with these aspects to be trained in the relevant legislation and how to apply it. They should be well versed in the collection, interpretation and consideration of the evidence, writing clear but concise case-specific responses to challenges, enquiries and representations, presenting the authority’s case to adjudicators.

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The authority should give the owner clear and full reasons for its decision on a representation, in addition to the minimum required information.

Failure to explain such a decision may be seen as maladministration.

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Guidance for authorities but outside London but just as applicable here says:

Failure to consider representations properly may amount to a procedural impropriety and an adjudicator may subsequently allow an appeal on that ground if it is evident that the actual representations were not considered and addressed.

Sorry - further question. I'm just looking at the form itself (if I appeal) and the form does not contain the grounds for appeal listed above of "there has been a procedural impropriety on the part of the enformcement authority". It only allows me to choose:

- contravention did not occur
- vehicle was in the control of someone without my permission
- hire firm
- not the owner at the time
- penalty charge exceeded the amount applicable in the case

So I am unsure how I could even try to appeal?

Yes you're right - probably by mistake procedural impropriety doesn't appear in the London Local Authorities and Transport for London Act 2003 but The penalty charge exceeded the amount applicable in the circumstances of the case is the one taken to include such failures. In any case an authority can't escape its duty to act fairly etc.

Thanks everyone. I think I should maybe just pay this one as I'm relying on mitigating circumstances which are excluded and none of the accepted grounds apply (I don't fancy trying to argue the one about the penalty charge exceeding the amount applicable in the circumstances).

I found the acts on the Tribunals website - interesting reading. I've downloaded them for future.

hi @stamfordman - just realised I left my address on the rejection letter. Is there a way you can remove the image above? I've updated the version on my google drive now ... doh