DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 63690--------------------------------------------------
Ealing Council PCN - EV parking in charging bay not charging -
Contravention 14
DIR By: dj.esco
Date: March 22, 2025, 5:16 am
---------------------------------------------------------
Hi all,
I have received a PCN from Ealing council for having an electric
vehicle parked in an electric charging bay but not charging. The
charge point was not working when parked and was just flashing
red which indicates an error with the charge point. Charging was
attempted but failed hence the car was left in the bay for
approximately 20 minutes.
I have attached a copy of the PCN and a photo of the bay and
charge point flashing red.
Any advice on whether there is a case to challenge this PCN
would be greatly appreciated.
HTML https://ibb.co/xSLk8sKZ
HTML https://ibb.co/tTLXcdN2
HTML https://ibb.co/7NCPCqVq
#Post#: 63692--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: John U.K.
Date: March 22, 2025, 5:34 am
---------------------------------------------------------
Was it flashing red before you attempted to charge?
Please post a GSV link to the location.
For convenience:
HTML https://i.ibb.co/0j27VXp5/Milford-rd-pcn.jpg
HTML https://ibb.co/xSLk8sKZ
HTML https://i.ibb.co/q3J59Z4g/PXL-20250322-092213521.jpg
HTML https://ibb.co/tTLXcdN2
HTML https://i.ibb.co/Wp5Z5LFL/PXL-20250322-092218280.jpg
HTML https://ibb.co/7NCPCqVq
#Post#: 63700--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: dj.esco
Date: March 22, 2025, 6:22 am
---------------------------------------------------------
Hi John U.K.,
Yes it was blinking red when I got there. The link for the
street view is below:
HTML https://maps.app.goo.gl/m5uEeGmHzk2qwcw57
#Post#: 63705--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: H C Andersen
Date: March 22, 2025, 7:18 am
---------------------------------------------------------
--- Quote from: dj.esco link ---
>
> Hi all,
> I have received a PCN from Ealing council for having an
electric vehicle parked in an electric charging bay but not
charging. The charge point was not working when parked and was
just flashing red which indicates an error with the charge
point. Charging was attempted but failed hence the car was left
in the bay for approximately 20 minutes.
>
--- End Quote ---
The photos show that your car wasn't even connected. IMO, the
machine not working is not a defence. GSV (2 years ago) shows
that the area is only subject to part-time Mon-Fri restrictions
which, if current, means you could have parked anywhere else
lawfully on a Saturday.
Are you the registered keeper of the vehicle?
#Post#: 63713--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: dj.esco
Date: March 22, 2025, 8:50 am
---------------------------------------------------------
Yes I am the registered keeper.
#Post#: 63714--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: dj.esco
Date: March 22, 2025, 9:04 am
---------------------------------------------------------
And you are correct - the photos do not show the car connected
as the ticket wasn't noticed until driving off. The photos were
then taken afterwards.
The car was parked, attempt made to charge, machine didn't work
hence cable disconnected (I don't see why one would leave a
cable connected to a non-working station), assumption was made
that the bay would then be treated as any other bay.
#Post#: 63724--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: stamfordman
Date: March 22, 2025, 10:33 am
---------------------------------------------------------
You'll have to make a polite ask for discretion I think - the
CEO just saw an unconnected car and maybe didn't twig the
charger was not functioning.
But perhaps this is similar to the contravention of parked
without payment where the session is free - here how can there
be a contravention of not charging if it is impossible to
charge.
We can also look at what the traffic order says.
My objection would then be a charger that is not working may
start working later.
HTML https://i.imgur.com/ymm0V3I.png
#Post#: 63753--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: ryan93
Date: March 22, 2025, 2:40 pm
---------------------------------------------------------
The contravention description on the PCN states: "parking in an
electric vehicles' charging place during restricted hours
without charging" however surely for that to be enforced I would
presume the local authority would be required to provide a
functioning EV charging facility in this respect, but if they
failed to, then I wonder if that would bring into question the
validity of the PCN on a legal level as to the description of
the contravention. Especially if that was the designed purpose
of the bay, but it ceases to be that in practice due to
technical issues. But then I guess another driver may have
sought charging elsewhere.
There was a PCN case that went to London Tribunals: case
reference: 2210311085, however slightly different circumstances
as the appellant's vehicle was plugged-in
#Post#: 63762--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: H C Andersen
Date: March 22, 2025, 4:54 pm
---------------------------------------------------------
This is not a free-parking bay for EVs whether they are charging
or not and for an indeterminate period.
OP, the photos to which I, and I think stamfordman, refer are
the CEO's, not yours.
Your car was parked in an EV charging only bay without charging.
#Post#: 63843--------------------------------------------------
Re: Ealing Council PCN - EV parking in charging bay not charging
- Contravention 14
DIR By: dj.esco
Date: March 23, 2025, 12:46 pm
---------------------------------------------------------
Thanks for the input. I am going to appeal regardless, any
advice on possible wording would be appreciated but I personally
think it's worth an appeal.
Can anyone advise on whether I need to go into detail in terms
of reading through the traffic order just yet or can I just
appeal based on what I have outlined above?
*****************************************************
Page 1 of 2
DIR Next Page