Author Topic: PCN Code 71 for not charging electric car  (Read 3994 times)

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Re: PCN Code 71 for not charging electric car
« Reply #15 on: »
Hello everyone, I've just returned from my vacation and I haven't come across any 'Notice to Owner' post.

According to the informal rejection letter, it was mentioned that When the DVLA confirm name and address of the registered keeper of the vehicle, a ‘Notice to Owner’ will be issued to the keeper approximately 28 days after the Penalty Charge Notice was issued .

The initial informal letter was dated August 9th, and since 28 days have passed, I believe I should have received it by now. What do you think my next steps should be?

@ Cp8759, thank you for your time in helping fellow drivers.
The order doesn't explicitly states that the electric car must be charged at ALL times when parked in the space. However, if this condition was included in the order without clear signage in the car park indicating the fine, how does the council expect drivers to understand and comply with this requirement?

Re: PCN Code 71 for not charging electric car
« Reply #16 on: »
Is the address on your V5 for the vehicle correct ?

Re: PCN Code 71 for not charging electric car
« Reply #17 on: »
Is the address on your V5 for the vehicle correct ?

Yes, it has been updated

Re: PCN Code 71 for not charging electric car
« Reply #18 on: »
The order doesn't explicitly states that the electric car must be charged at ALL times when parked in the space. However, if this condition was included in the order without clear signage in the car park indicating the fine, how does the council expect drivers to understand and comply with this requirement?
I doubt they've given that much thought to how drivers are meant to find out about this requirement.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: PCN Code 71 for not charging electric car
« Reply #19 on: »
.............
@ Cp8759, thank you for your time in helping fellow drivers.
The order doesn't explicitly states that the electric car must be charged at ALL times when parked in the space. However, if this condition was included in the order without clear signage in the car park indicating the fine, how does the council expect drivers to understand and comply with this requirement?

What the order states....
Quote
Use of Electric Vehicle Parking Places
5B.1 A Driver of a Vehicle Waiting in an Electric Vehicle Parking Place must have:
• a valid Ticket, a valid Permit or have made Electronic Payment for the whole
time that the Vehicle is Waiting during the Charging Hours.
• Connected to the recharging point and confirmed the payment for the electric
Recharging to take place

The order does state that the car must be plugged in and payment for charging has been made.
While I agree that this doesn't mean that the car must be actively charging at all times it does mean that efforts must have been made to enable charging.... which you hadn't.

So it comes down to whether or not signs are clear enough???
Have we seen the signs yet?

Edit....yes in post 2 but only the sign in the bay.
T&C board still seems to be MIA?
« Last Edit: September 15, 2023, 08:05:23 am by DancingDad »

Re: PCN Code 71 for not charging electric car
« Reply #20 on: »
I received the NTO (Notice to Owner) yesterday :(  and I must admit that my chances of winning seem slim. The order clearly specifies that the car charging cable must be connected at all times. In my initial appeal, I clearly stated that my car was charged after the first 25 minutes, to which they responded that the vehicle could have been moved to a regular parking bay if it had finished charging. It's quite impractical to move the car back and forth so frequently. I believe the £70 charge is excessively steep in this situation.



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Re: PCN Code 71 for not charging electric car
« Reply #21 on: »
 

OP, I made the point earlier that the sign in the bay is specified for on-street use only.
Others have made the point that the effect of this sign and the fact that failure to comply could result in the imposition of a penalty charge must be conveyed clearly at the site.
You were asked to obtain photos of these signs, but we haven't seen any.
The council say their noticeboards carry this info but have not provided photos.
The order can say what it likes, but unless the effects of failure to comply with the order are displayed clearly at the site then its provisions are of no effect, this is not a guessing game.
You have the NTO. The last day of the 28-day period is 11 October, not 12th as stated in brackets in the body of the NTO.
Why don't you contact the council, refer to their reply to your informal reps and ask them for a photo of what it is they say conveys the effect of the on-street traffic sign in the Ts and Cs of use of the car park.
I note that reference has been made to the discount being re-offered if reps are submitted within 14 days, however, there's no reference to this in the NTO(although we've only seen the front page, pl post the remainder). IMO, it would be a breach of the council's public law duty to act fairly if they were to offer the discount contingent upon a policy condition which has not been brought to the owner's attention. As I said above, this is not a guessing game. They may offer the discount in the event of unsuccessful reps whenever they're submitted, this is the exercise of discretion and perfectly fine.
IMO, you need details of the signs and the Ts and Cs and should make an effort to obtain these before

Re: PCN Code 71 for not charging electric car
« Reply #22 on: »
Quote
Since I was in a hurry, I planned to charge my car on my way back, assuming I was paying for parking anyway.

Quote
In my initial appeal, I clearly stated that my car was charged after the first 25 minutes, to which they responded that the vehicle could have been moved to a regular parking bay if it had finished charging.

I'm a little concerned on the apparent disparity between the two statements above?

We haven't seen them but I assume that the CEO pics will show your car unplugged?


Re: PCN Code 71 for not charging electric car
« Reply #23 on: »

IMO, it would be a breach of the council's public law duty to act fairly if they were to offer the discount contingent upon a policy condition which has not been brought to the owner's attention. As I said above, this is not a guessing game. They may offer the discount in the event of unsuccessful reps whenever they're submitted, this is the exercise of discretion and perfectly fine.
IMO, you need details of the signs and the Ts and Cs and should make an effort to obtain these before

Could you kindly clarify this ?

Regarding the other pages of NTO, apologies I missed to post it.

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Re: PCN Code 71 for not charging electric car
« Reply #24 on: »
Quote
Since I was in a hurry, I planned to charge my car on my way back, assuming I was paying for parking anyway.

Quote
In my initial appeal, I clearly stated that my car was charged after the first 25 minutes, to which they responded that the vehicle could have been moved to a regular parking bay if it had finished charging.

I'm a little concerned on the apparent disparity between the two statements above?

We haven't seen them but I assume that the CEO pics will show your car unplugged?

There's no inconsistency. As I mentioned before, we were in a hurry to secure our passport appointment, so we didn't charge the car. The minimum parking ticket was for one hour. When we returned after our appointment, we noticed the parking ticket. The officer agreed the signs didn't clearly indicate that the car needed to be plugged in at all times, but unfortunately, he couldn't do anything about the ticket that was issued. We plugged in our car, as we still had half an hour left, and took a few photos as evidence.

In my initial response to the council, I explained this situation and attached the photos. The council's response focused on the idea that if the car required less than an hour charging, it could have been moved.

Re: PCN Code 71 for not charging electric car
« Reply #25 on: »
Could you please repost the PCN in higher resolution? Even if I zoom in the text is all pixelated, so we can't see if it's correct.

See the advice here on how to post images: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: PCN Code 71 for not charging electric car
« Reply #26 on: »
Sorry for the delayed response @ cp8759.

Here are better quality images of NTO. Please let me know if you require additional information or if the image quality is still insufficient. I will try to scan if necessary.



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Re: PCN Code 71 for not charging electric car
« Reply #27 on: »


OP, I made the point earlier that the sign in the bay is specified for on-street use only.
Others have made the point that the effect of this sign and the fact that failure to comply could result in the imposition of a penalty charge must be conveyed clearly at the site.
You were asked to obtain photos of these signs, but we haven't seen any.
The council say their noticeboards carry this info but have not provided photos.
The order can say what it likes, but unless the effects of failure to comply with the order are displayed clearly at the site then its provisions are of no effect, this is not a guessing game.
You have the NTO. The last day of the 28-day period is 11 October, not 12th as stated in brackets in the body of the NTO.
Why don't you contact the council, refer to their reply to your informal reps and ask them for a photo of what it is they say conveys the effect of the on-street traffic sign in the Ts and Cs of use of the car park.
I note that reference has been made to the discount being re-offered if reps are submitted within 14 days, however, there's no reference to this in the NTO(although we've only seen the front page, pl post the remainder). IMO, it would be a breach of the council's public law duty to act fairly if they were to offer the discount contingent upon a policy condition which has not been brought to the owner's attention. As I said above, this is not a guessing game. They may offer the discount in the event of unsuccessful reps whenever they're submitted, this is the exercise of discretion and perfectly fine.
IMO, you need details of the signs and the Ts and Cs and should make an effort to obtain these before

As suggested , I contacted the Peterborough council to inquire about obtaining the photos of the on-street traffic sign in the Ts and Cs of use of the car park. Unfortunately, the person I spoke with seemed unfamiliar with these signs and consistently referred to the electric parking bay sign, which is specific to spaces reserved for electric vehicles only. She also mentioned that appeals wouldn't be considered, as fines for parking in such spaces without charging an electric vehicle are uniform across the UK.

Re: PCN Code 71 for not charging electric car
« Reply #28 on: »
In my initial appeal, I clearly stated that my car was charged after the first 25 minutes

That is the discrepancy or perhaps better word is ambiguity....
You meant that you started charging after 25 minutes
The council and TBH myself, read it that charging was complete after 25 minutes

Typical of council muppets re the T&C board but it may help with appeal.
The T&C board is critical insofar as the fine detail is concerned.
If the council cannot/will not supply a copy there is a hole in their evidence

Re: PCN Code 71 for not charging electric car
« Reply #29 on: »
In my initial appeal, I clearly stated that my car was charged after the first 25 minutes

That is the discrepancy or perhaps better word is ambiguity....
You meant that you started charging after 25 minutes
The council and TBH myself, read it that charging was complete after 25 minutes

I appreciate your understanding and apologies for the confusion.
Yes, indeed we charged after 25 minutes parking in the electric parking space but within the 1 hour paid parking space.


Typical of council muppets re the T&C board but it may help with appeal.
The T&C board is critical insofar as the fine detail is concerned.
If the council cannot/will not supply a copy there is a hole in their evidence


Thank you for pointing this out, I have obtained the council's email address, and I plan to send an email this evening.

During my conversation with the individual, it felt as though she was dismissing my concerns and implying that I was unaware that electric cars needed to be plugged into charge in the UK.
« Last Edit: September 25, 2023, 06:27:41 pm by ConfusedD »