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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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