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       #Post#: 70689--------------------------------------------------
       Kensington & Chelsea, code 14 - parked in electric vehicle
       charging bay without charging, Fernshaw Road
   DIR By: poklepi
       Date: May 9, 2025, 8:35 am
       ---------------------------------------------------------
       Hi all,
       I hope you're well. I would appreciate some help with the
       following PCN issued by the Royal Borough of Kensington and
       Chelsea.
       PCN Number: KE66818744
       Vehicle Registration: LS63UCP
       Vehicle Make: SMART
       Contravention Code: 14
       Contravention Description: Parked in an electric vehicle
       charging place during restricted hours without charging
       Date/Time of Contravention: 01/05/2025 at 11:43 AM
       Location: Fernshaw Road
       Outstanding Amount: £80.00
       Case Status: Open
       The PCN alleges that the vehicle was parked in an electric
       vehicle charging bay during restricted hours without charging. I
       would like to understand whether this PCN is valid and whether
       there are any grounds to challenge it.
       The vehicle was plugged into the street charger at the time. It
       does not seem like there were any controlled hours that
       prevented me from parking in that bay to charge the vehicle. I'm
       unsure how the civil enforcement officer determined that it
       wasn’t charging. Does the council rely on a specific process or
       data to establish that charging wasn’t taking place? Is the
       officer trained to interpret the indicators on the charging
       unit? I find it hard to understand how they could definitively
       conclude there was no charging activity based solely on
       observation.
       Here is the PCN and related documents:
  HTML https://imgur.com/a/PSti4TH
       I haven’t contacted the council yet, and I’ll wait for your
       advice before doing anything.
       Many thanks in advance for your time and help.
       #Post#: 70690--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: poklepi
       Date: May 9, 2025, 8:39 am
       ---------------------------------------------------------
       The link does not seem to work - here is a new link:
  HTML https://imgur.com/a/RkYrMpb
       #Post#: 70696--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: stamfordman
       Date: May 9, 2025, 9:23 am
       ---------------------------------------------------------
       Well there is an obvious question - were you charging?
       #Post#: 86538--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: poklepi
       Date: August 20, 2025, 11:45 am
       ---------------------------------------------------------
       I received the below response from the council. They refused my
       Challenge. Should I pursue this any further? I don’t currently
       have any evidence to prove that I was charging and would need to
       look into it. However, isn’t the burden of proof on them to show
       otherwise? They can’t just rely on an LED light to issue a PCN.
       Challenge Refused  Penalty Charge Notice No: KE66818744 Location
       of Contravention: Fernshaw Road Vehicle Registration Mark:
       LS63UCP Date of Notice Issue:          01/05/2025  Thank you for
       your challenge regarding the above Penalty Charge Notice (PCN).
       Parking contravention  Parked in an electric vehicles' charging
       place during restricted hours without charging.  Your challenge
       You were charging at the time the PCN was issued.  Why the PCN
       was correctly issued  The CEO has noted that your vehicle was
       plugged in but not charging.  My decision  Given all the
       evidence, combined with my own investigation; I see no grounds
       for this PCN to be cancelled.   The green light advises that it
       is not charging.  We will review your case if you send us
       documentary evidence of your Source London receipt to show you
       were charging at the time the PCN was issued, within 14 days of
       the date  of  service  of  this  letter.  Please  send  this  to
       the  Council  at: enquiries@rbkcparking.com or to RBKC, PO Box
       4294, Worthing BN13 1WW.
       My original Challenge was:
       Dear Sir or Madam,
       I am writing to challenge the issuance of PCN number KE66818744,
       issued against my electric vehicle LS63UCP on 01/05/2025 at
       Fernshaw Road, for allegedly being "parked in an electric
       vehicle charging place during restricted hours without
       charging."
       Please note the following:
       My vehicle was plugged into the charger at the time, as your own
       enforcement photos clearly confirm.
       The charger displayed a green LED indicator, which is commonly
       understood to mean the unit is operational or that charging is
       in progress. There was no red light or fault condition, and the
       charger was visibly connected to my vehicle.
       The signage at the location does not specify any time
       restrictions. It simply states: “Electric vehicle recharging
       point only,” which I complied with by parking an electric
       vehicle and connecting it to the charger.
       From the evidence submitted, it is unclear what proof the
       allegation that the vehicle was not charging is based on. If it
       relies on the green LED light, it should be noted that there is
       no publicly available documentation from TotalEnergies
       explaining the meaning of the LED indicators. Furthermore, you
       have not submitted any official evidence confirming the
       significance of the light displayed at the time. On that basis,
       the LED light alone cannot be treated as conclusive evidence of
       charging status.
       Finally, and crucially, the burden of proof lies with the
       council to establish, on the balance of probabilities, that the
       vehicle was not charging. In the absence of technical charging
       session data or a clear fault indication, that threshold has not
       been met.
       In light of the above, I respectfully request the cancellation
       of this PCN. The available evidence does not conclusively
       establish that a contravention occurred, and I believe I was
       lawfully using the charging bay as intended.
       For the avoidance of doubt, the vehicle is fully electric, as
       evidenced by the V5C, and was plugged into a live charging
       point, as evidenced by the enforcement officer’s own
       photographs.
       #Post#: 86554--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: fraser.mitchell
       Date: August 20, 2025, 2:12 pm
       ---------------------------------------------------------
       But, as stamfordman asks, were you parked there to charge your
       vehicle ? It would seem not if you cannot show an record of the
       charging, so on the face of it, the contravention is made out,
       or seems to be. Or am I wrong ?
       #Post#: 86571--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: H C Andersen
       Date: August 20, 2025, 3:23 pm
       ---------------------------------------------------------
       Do not transpose letters, pl post them in their entirety using
       external sites as per the READ THIS FIRST instructions on page 1
       of the forum.
       To reiterate the key questions:
       Was your car charging when you left the parking place and how
       was this determined;
       How does a CEO determine that charging is not taking place?
       #Post#: 102626--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: poklepi
       Date: December 16, 2025, 4:59 am
       ---------------------------------------------------------
       Hi all,
       I just wanted to share with you that the council has cancelled
       the PCN on this occasion. Thanks again for your continued
       assistance!
       #Post#: 102730--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: stamfordman
       Date: December 16, 2025, 4:27 pm
       ---------------------------------------------------------
       Why did they cancel?
       #Post#: 102799--------------------------------------------------
       Re: Kensington & Chelsea, code 14 - parked in electric
       vehicle charging bay without charging, Fernshaw Road
   DIR By: poklepi
       Date: December 17, 2025, 4:06 am
       ---------------------------------------------------------
       They had no grounds and no evidence to prove the contrary...
       "My decision  A vehicle can only be parked in an electric bay
       whilst charging and the vehicle must be moved as soon as the
       process is finished. I have reconsidered the circumstances and
       confirm that the PCN has been cancelled on this occasion"
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