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#Post#: 47805--------------------------------------------------
North Lanarkshire, parked in an electric vehicle charging place
without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 1, 2024, 5:19 pm
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Hi, my wife received the attached notice to owner for being
“parked in an electric vehicles charging place during restricted
hours without charging”. She has misplaced the PCN so I haven't
seen it.
Her car is not electric / hybrid so of course there was no
ability to be charging. In her defence she didn’t think it was
an electric charging space due to all the other charging spaces
being marked on the ground with the car charging symbol /
electric vehicles but the two spaces where she parked are not.
So, probably she parked and with her attention on getting the
baby out of the car hasn’t noticed the electric charging sign
and charging station at the space.
Please see attached pics of car park. She parked in the far left
charging space not marked on the ground though there is the
electric charging sign and charging station at the space. I have
attached the car park T&C signs which makes no mention of the
potential penalties for not charging in a charging place. These
signs are pretty small and high up so you wouldn’t even walk
past them if leaving the car park directly to the street as my
wife did. So, it looks to me that there is no adequate signage
to make drivers aware of potential contraventions unless you go
on to the website and read the TRO (also attached). It is a free
car park so you are not going to a ticket machine either to be
made aware of T&Cs.
The only mention of a fee is on the fast charger, not at the
space she was parked, which has a 60 minute overstay limit. But
pretty sure these are charged directly by Charge Place Scotland
timing how long a car is connected to the charger and not by a
PCN.
I have seen thread with the same contravention and inadequate
signage in a car park in England. The advice was to make the
simple challenge below to the notice to owner and the appeal at
tribunal was successful.
“I challenge liability for this penalty charge because the
alleged contravention did not occur. This is because there was
no adequate signage either in the vicinity of my vehicle, or on
my route out of the car park.”
Is this the correct approach to take and as this is in Scotland
is an appeal likely to be successful under Scottish law?
Thanks.
[attachment deleted by admin]
#Post#: 47806--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 1, 2024, 5:20 pm
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further attachments
[attachment deleted by admin]
#Post#: 47809--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: fraser.mitchell
Date: December 1, 2024, 6:09 pm
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A GSV view would be useful.
No need, here is the car park.
HTML https://maps.app.goo.gl/KqeoygT17iGZeUaj8
As you have the Notice to Owner, it is now a total no-brainer to
take them all the way to adjudication if you have to because the
discount option has now expired. Of course if you submit reps,
and they refuse, but re-offer the discount you will have a
decision to make.
I would submit reps on the lines that the presence of a charging
unit does not make the bay exclusively for use by EV vehicles;
a sign must be present, but there is no sign. However, GSV only
shows the car park from the street, so we cannot check on what
signs are present.
#Post#: 49256--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 10, 2024, 4:29 pm
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Hi Incandescent,
Thanks for the previous advice. I submitted reps and as expected
have been rejected. No re-offer of the discount so adjudication
it is.
Please see notice of rejection attached. Any advice on the next
steps I should take will be much appreciated.
[attachment deleted by admin]
#Post#: 49262--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: fraser.mitchell
Date: December 10, 2024, 5:13 pm
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They have not re-offered the discount so it is a no-brainer to
take them to adjudication. However you must be careful because a
"frivolous" appeal could result in a cost order.
So my only question is, is their photo of the sign, a correct
one for the bay where your wife parked ? The photo shows a bay
and a sign that is not readable. Is that where your wife parked
?
#Post#: 49545--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 12, 2024, 12:31 pm
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Hi Incandescent,
Yes that is where she parked in the blue VW. I notice the car
beside her is also non electric! The unreadable sign is same as
attached. Oddly one sign even though 4 electric places.
I have referred to a similar case someone else asked advice
about and won at adjudication. Not sure if I can link but the
title is "PCN code 71 for not charging electric car".
From this the sign you asked about is the standard on street
sign. So if I've understood correctly there needs to be clear
T&Cs in addition to this sign in a car park. I've included the
signs at the car park in the first two posts. There is nothing
to say it is a contravention to be parked in an electric space
without charging. The sign says you have to go to the council
website to find the details of the T&Cs.
This is pretty much identical to the case I've looked at
although they did have an electric car. However, even if I was
to park there in an electric car there is nothing to tell me I
must be charging unless I go online and read a the parking
order.
Thanks.
[attachment deleted by admin]
#Post#: 50669--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 21, 2024, 7:23 am
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Hi Incandescent or and other experts. Any opinion on the last
post? Is going to tribunal on this basis ok?
Thanks.
#Post#: 50694--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: fraser.mitchell
Date: December 21, 2024, 12:36 pm
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Take what you've got to th e Scottish adjudicator. The sign
refers to "electric charging point only", with 'point in the
singular. So how can this apply to four points ?
#Post#: 50704--------------------------------------------------
Re: North Lanarkshire, parked in an electric vehicle charging
place without charging, Hallcraig St Car Park, Airdrie
DIR By: ev2021
Date: December 21, 2024, 2:35 pm
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Thanks, will do. Am I correct on the point that this is an on
street sign?
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