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.
