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#Post#: 3391--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: DancingDad
Date: August 16, 2023, 6:12 pm
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I hate to be negative but unless someone comes up with a
technical argument, I reckon grabbing the discount is a good
option.
This is akin to parking in a pay and display parking area, not
paying while you did whatever and then arguing that paying after
the event somehow unwound the contravention.
A condition of using a charging bay is that you are charging the
vehicle, not that you intended to or indeed did so later.
It matters not that others may connect without charging or
remain in the bay after charging, they will or will not be
copped and are totally irrelevant to this case
#Post#: 3417--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: guest303
Date: August 17, 2023, 11:06 am
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--- Quote from: DancingDad link ---
>
> I hate to be negative but unless someone comes up with a
technical argument, I reckon grabbing the discount is a good
option.
> This is akin to parking in a pay and display parking area, not
paying while you did whatever and then arguing that paying after
the event somehow unwound the contravention.
>
> A condition of using a charging bay is that you are charging
the vehicle, not that you intended to or indeed did so later.
> It matters not that others may connect without charging or
remain in the bay after charging, they will or will not be
copped and are totally irrelevant to this case
>
--- End Quote ---
Yep, the sign clearly states it is for "electric vehicles
recharging point ONLY", if you are not recharging you shouldn't
be there just like loading bays etc, you not loading you are
getting a ticket.
#Post#: 3429--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: slapdash
Date: August 17, 2023, 3:30 pm
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I am not saying pay it, but ...
I understand your point about continuous charging. Given the
primary purpose is parking and charging is secondary having to
move it after seems unreasonable. (But tying up a scarce
resourse all day does too, so there is a balance).
It seems reasonable to at least expect you to start charging on
arrival with the contents of the sign. Why didn't you.
Your account suggests you were running late, paid for an hour,
and were going to charge for 35mins on return. Seems a little
odd.
At tribunal on those facts it seems slim.
But, if you make reps against the NTO you should get the
discount reoffered.
But is the V5C in your name ? If it's a company car or a PCP/h
you are likely going to get an admin charge. You should get it
back if you eventually win, but typically that charge will be
around £30.
CP has requested the order, there is a chance that it doesn't
mandate charging. That's a winner. But thats not a particularly
high chance.
If the V5 is in your name I would wait for the NTO and make a
representation. That may give enough time for the order to come
back.
If not I would be giving serious consideration to paying the 35
now to avoid an admin charge as well.
There are a couple of inaccuracies in the response. They state
your vehicle had finished charging. Did you state that it hadn't
started. (Possible failure to consider).
Same with the suggestion that it was magically the wrong "type"
of vehicle because it wasn't plugged in (that would he a
different contravention).
#Post#: 3582--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: August 20, 2023, 10:27 am
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--- Quote from: ConfusedD link ---
>
> I'm a bit confused with your message "formal rejection letter"
since the council has already responded in email.
>
--- End Quote ---
It's an informal rejection, you have to wait for the Notice to
Owner, make representations against that, and only at that stage
you get a formal Notice of Rejection. It's that notice that
gives you the right to appeal to the tribunal.
--- Quote from: slapdash link ---
>
> CP has requested the order, there is a chance that it doesn't
mandate charging. That's a winner. But thats not a particularly
high chance.
>
--- End Quote ---
Actually in most cases we've had so far, there was no
requirement for charging. Remember we had one on-street bay
where the order didn't exist at all, and Mr Greenslade even
awarded costs against the council. At worst, it's 50 / 50 that
the order mandates charging, and these small provincial councils
are more likely to make a hash of things.
#Post#: 4107--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: August 29, 2023, 6:27 pm
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Here is The Council Of The City Of Peterborough (Civil
Enforcement Area) (Off Street Parking Places) Order 2013
HTML https://drive.google.com/uc?id=1a8C0MxBUl5nPfjminLZ1ug8s0n8sjt-G,<br
/>the question therefore comes down to whether the requirements
in
the order were adequately communicated.
#Post#: 5023--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: September 12, 2023, 2:52 pm
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Hello everyone, I've just returned from my vacation and I
haven't come across any 'Notice to Owner' post.
According to the informal rejection letter, it was mentioned
that When the DVLA confirm name and address of the registered
keeper of the vehicle, a ‘Notice to Owner’ will be issued to the
keeper approximately 28 days after the Penalty Charge Notice was
issued .
The initial informal letter was dated August 9th, and since 28
days have passed, I believe I should have received it by now.
What do you think my next steps should be?
@ Cp8759, thank you for your time in helping fellow drivers.
The order doesn't explicitly states that the electric car must
be charged at ALL times when parked in the space. However, if
this condition was included in the order without clear signage
in the car park indicating the fine, how does the council expect
drivers to understand and comply with this requirement?
#Post#: 5027--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: fraser.mitchell
Date: September 12, 2023, 4:49 pm
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Is the address on your V5 for the vehicle correct ?
#Post#: 5045--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ConfusedD
Date: September 13, 2023, 4:12 am
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--- Quote from: Incandescent link ---
>
> Is the address on your V5 for the vehicle correct ?
>
--- End Quote ---
Yes, it has been updated
#Post#: 5177--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: ivanleo
Date: September 14, 2023, 5:21 pm
---------------------------------------------------------
--- Quote from: ConfusedD link ---
>
> The order doesn't explicitly states that the electric car must
be charged at ALL times when parked in the space. However, if
this condition was included in the order without clear signage
in the car park indicating the fine, how does the council expect
drivers to understand and comply with this requirement?
>
--- End Quote ---
I doubt they've given that much thought to how drivers are meant
to find out about this requirement.
#Post#: 5184--------------------------------------------------
Re: PCN Code 71 for not charging electric car
DIR By: DancingDad
Date: September 15, 2023, 1:38 am
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--- Quote from: ConfusedD link ---
> .............
> @ Cp8759, thank you for your time in helping fellow drivers.
> The order doesn't explicitly states that the electric car must
be charged at ALL times when parked in the space. However, if
this condition was included in the order without clear signage
in the car park indicating the fine, how does the council expect
drivers to understand and comply with this requirement?
>
--- End Quote ---
What the order states....
--- Quote ---
> Use of Electric Vehicle Parking Places
> 5B.1 A Driver of a Vehicle Waiting in an Electric Vehicle
Parking Place must have:
> • a valid Ticket, a valid Permit or have made Electronic
Payment for the whole
> time that the Vehicle is Waiting during the Charging Hours.
> • Connected to the recharging point and confirmed the payment
for the electric
> Recharging to take place
--- End Quote ---
The order does state that the car must be plugged in and payment
for charging has been made.
While I agree that this doesn't mean that the car must be
actively charging at all times it does mean that efforts must
have been made to enable charging.... which you hadn't.
So it comes down to whether or not signs are clear enough???
Have we seen the signs yet?
Edit....yes in post 2 but only the sign in the bay.
T&C board still seems to be MIA?
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