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#Post#: 2878--------------------------------------------------
PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: August 7, 2023, 5:52 pm
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Hello everyone
Last Wednesday, I received a Penalty Charge Notice (PCN) because
I parked in an electric vehicle charging spot without charging
my car.
I parked at the Sand Martin multi-storey car park in
Peterborough for an hour as I was running late for my passport
appointment. Since I was in a hurry, I planned to charge my car
on my way back, assuming I was paying for parking anyway.
Unfortunately, when I returned after just 25 minutes, I found a
ticket on my dashboard for not charging my vehicle.
I tried to explain the situation to the parking officer,
pointing out that the signage in the car park didn't explicitly
state the requirement to keep the vehicle charged at all times.
He acknowledged my explanation but refused to cancel the ticket,
suggesting that I should file an appeal.
I received the PCN on the 26th, and what are my chances of
competing this PCN, appreciate your advice or support in
preparing my appeal.
Thank you for your time
[attachment deleted by admin]
#Post#: 2880--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: August 7, 2023, 5:57 pm
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More pictures attached
[attachment deleted by admin]
#Post#: 2882--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: guest303
Date: August 7, 2023, 8:04 pm
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That car park only has 4 charging points so maybe you taking up
a spot and getting a ticket for not charging is nothing personal
and is probably company policy to strictly enforce to discourage
abuse of a charging point. As there seems to be no warning signs
you should hopefully win this, are there any sort of large
posted terms and conditions as you enter that mentions use of EV
charging spots?
#Post#: 2885--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: guest179
Date: August 8, 2023, 2:26 am
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That sign is a Traffic Sign. It has been used by the council
because they use them on-street where motorists are presumed by
law to know their meaning and where a traffic order would create
restrictions.
It has no legal effect off-street i.e. private land, unless
clearly displayed Ts and Cs put a motorist on notice as to the
sign's existence, use and meaning and penalty for
non-compliance.
The authority needs to produce this in evidence, which maybe
they could up to and including a response to formal reps.
Alternatively OP, could you do this legwork?
#Post#: 2914--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: August 8, 2023, 11:03 am
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Could someone please guide me by reviewing my appeal ? Thanks
I am writing an appeal to the Peterborough City Council,
contesting the alleged contravention on the grounds that it did
not occur. The reason for this assertion is the absence of
adequate signage in the car park, which failed to communicate
the terms and conditions (T's & C's) pertaining to the Electric
Vehicle (EV) charging spots. The missing warning signs did not
inform users that vehicles must remain continuously charging
while occupying these electric spaces. It is worth noting that
my car completes its charging cycle within 15 minutes, despite
having paid for an hour of parking. I entered the car park at
9:05 AM and returned at 9:30 AM to recharge my vehicle, during
which time the penalty ticket was issued. Importantly, I had a
visual encounter with a Civil Enforcement Officer (CEO) while my
car was actively charging, providing substantiation that my
vehicle was being used as intended. Given this evidence, I
earnestly request the immediate cancellation of the PCN
#Post#: 2996--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: August 9, 2023, 5:35 pm
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There should be a terms and conditions board within the car park
that outlines the conditions of parking, and the contraventions
that can result in a PCN. Can you go back and get us a photo of
this?
Also, please re-post the PCN without any redactions, as per the
guidance here:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
I have ordered the parking places order, you never know it might
not have any requirement about charging.
#Post#: 3013--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: August 9, 2023, 11:59 pm
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I submitted my appeal yesterday since the discount period ended,
and I've already received a rejection notice.
The notice states the circumstances under which a Penalty Charge
Notice may be issued are located near the payment machines and
foot exits of the car park. I have the images from the entrance
and the electric bay, but there were no signs about fines
present. Even if there's one near the payment machine, how is
that valid? As the driver might only get to see it while paying
the ticket after using the car park, and it could be too late if
they've already issued PCN for not keeping the car charged in
the electric space.
Do I have a case, or should I pay the discounted charge within
14 days as mentioned in the letter
[attachment deleted by admin]
#Post#: 3191--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: August 13, 2023, 4:35 pm
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As long as you challenge the Notice to Owner within 14 days of
the date of issue, virtually every council in the country will
re-offer the discount, the only known exception is Nottingham
City Council.
I would therefore hold out, if nothing else by the time you get
the formal rejection, we should have the parking places order
and we'll know if it's worth risking the full amount at the
tribunal.
In the meantime, please show us the images from the entrance
that you've mentioned.
#Post#: 3333--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: August 15, 2023, 6:00 pm
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Everyone is invited to be mindful of rule 8
HTML https://www.ftla.uk/announcements/house-rules/.
#Post#: 3388--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: August 16, 2023, 4:37 pm
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--- Quote from: cp8759 link ---
>
> As long as you challenge the Notice to Owner within 14 days of
the date of issue, virtually every council in the country will
re-offer the discount, the only known exception is Nottingham
City Council.
>
> I would therefore hold out, if nothing else by the time you
get the formal rejection, we should have the parking places
order and we'll know if it's worth risking the full amount at
the tribunal.
>
> In the meantime, please show us the images from the entrance
that you've mentioned.
>
--- End Quote ---
Sorry for the delay in my response, and I appreciate your
support.
I've uploaded all the pictures I had. The council have images of
my car without a charging cable, while my photos clearly show
the charging cable. This is to show that I was within my parking
duration to charge my car. The rejection email mentioned that I
should have moved my car after charging. However, this seems
unreasonable since I paid for a full hour and waiting there
until my car is fully charged and then move is a complete waste
of my time. I've also heard of instances where people simulate
charging by connecting the cable without actually charging.
Regardless, I find the £70 fee unjustified. Nevertheless, all
PCN charges are consistent, so debating this might be fruitless.
unfortunately, I'm located in Hertfordshire and couldn't take
new entrance pictures. I've shared all the ones I have.
I'm a bit confused with your message "formal rejection letter"
since the council has already responded in email.
I'll be on vacation for next two weeks. Would it be wise to wait
and monitor this site for notifications? I'm hoping to have your
support, as I'm anxious about losing the discounted charge.
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