Free Traffic Legal Advice

Hello everyone

Last Wednesday, I received a Penalty Charge Notice (PCN) because I parked in an electric vehicle charging spot without charging my car.

I parked at the Sand Martin multi-storey car park in Peterborough for an hour as I was running late for my passport appointment. Since I was in a hurry, I planned to charge my car on my way back, assuming I was paying for parking anyway. Unfortunately, when I returned after just 25 minutes, I found a ticket on my dashboard for not charging my vehicle.

I tried to explain the situation to the parking officer, pointing out that the signage in the car park didn't explicitly state the requirement to keep the vehicle charged at all times. He acknowledged my explanation but refused to cancel the ticket, suggesting that I should file an appeal.

I received the PCN on the 26th, and what are my chances of competing this PCN, appreciate your advice or support in preparing my appeal.

Thank you for your time

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That car park only has 4 charging points so maybe you taking up a spot and getting a ticket for not charging is nothing personal and is probably company policy to strictly enforce to discourage abuse of a charging point. As there seems to be no warning signs you should hopefully win this, are there any sort of large posted terms and conditions as you enter that mentions use of EV charging spots?

Could someone please guide me by reviewing my appeal ? Thanks

I am writing an appeal to the Peterborough City Council, contesting the alleged contravention on the grounds that it did not occur. The reason for this assertion is the absence of adequate signage in the car park, which failed to communicate the terms and conditions (T's & C's) pertaining to the Electric Vehicle (EV) charging spots. The missing warning signs did not inform users that vehicles must remain continuously charging while occupying these electric spaces. It is worth noting that my car completes its charging cycle within 15 minutes, despite having paid for an hour of parking. I entered the car park at 9:05 AM and returned at 9:30 AM to recharge my vehicle, during which time the penalty ticket was issued. Importantly, I had a visual encounter with a Civil Enforcement Officer (CEO) while my car was actively charging, providing substantiation that my vehicle was being used as intended. Given this evidence, I earnestly request the immediate cancellation of the PCN

I submitted my appeal yesterday since the discount period ended, and I've already received a rejection notice.

The notice states the circumstances under which a Penalty Charge Notice may be issued are located near the payment machines and foot exits of the car park. I have the images from the entrance and the electric bay, but there were no signs about fines present. Even if there's one near the payment machine, how is that valid? As the driver might only get to see it while paying the ticket after using the car park, and it could be too late if they've already issued PCN for not keeping the car charged in the electric space.

Do I have a case, or should I pay the discounted charge within 14 days as mentioned in the letter


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Everyone is invited to be mindful of rule 8.

I hate to be negative but unless someone comes up with a technical argument, I reckon grabbing the discount is a good option.
This is akin to parking in a pay and display parking area, not paying while you did whatever and then arguing that paying after the event somehow unwound the contravention.

A condition of using a charging bay is that you are charging the vehicle, not that you intended to or indeed did so later.
It matters not that others may connect without charging or remain in the bay after charging, they will or will not be copped and are totally irrelevant to this case

I am not saying pay it, but ...

I understand your point about continuous charging. Given the primary purpose is parking and charging is secondary having to move it after seems unreasonable. (But tying up a scarce resourse all day does too, so there is a balance).

It seems reasonable to at least expect you to start charging on arrival with the contents of the sign. Why didn't you.

Your account suggests you were running late, paid for an hour, and were going to charge for 35mins on return. Seems a little odd.

At tribunal on those facts it seems slim.

But, if you make reps against the NTO you should get the discount reoffered.

But is the V5C in your name ? If it's a company car or a PCP/h you are likely going to get an admin charge. You should get it back if you eventually win, but typically that charge will be around £30.

CP has requested the order, there is a chance that it doesn't mandate charging. That's a winner. But thats not a particularly high chance.

If the V5 is in your name I would wait for the NTO and make a representation. That may give enough time for the order to come back.

If not I would be giving serious consideration to paying the 35 now to avoid an admin charge as well.

There are a couple of inaccuracies in the response. They state your vehicle had finished charging. Did you state that it hadn't started. (Possible failure to consider).

Same with the suggestion that it was magically the wrong "type" of vehicle because it wasn't plugged in (that would he a different contravention).

Here is The Council Of The City Of Peterborough (Civil Enforcement Area) (Off Street Parking Places) Order 2013, the question therefore comes down to whether the requirements in the order were adequately communicated.