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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.

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A GSV view would be useful.
No need, here is the car park.
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.

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 ?

Hi Incandescent or and other experts. Any opinion on the last post? Is going to tribunal on this basis ok?

Thanks.

Thanks, will do. Am I correct on the point that this is an on street sign?