3. PCN Code 71 for not charging electric car
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Re: PCN Code 71 for not charging electric car
« Reply #30 on: »
Quote from: ConfusedD on September 25, 2023, 02:23:44 pm
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.
If the council confirmed that in writing (i.e. that appeals won't be considered), you'd have an instant win. Frankly they sound so disorganised that they might just do that.

Quote from: ConfusedD on September 25, 2023, 06:26:01 pm
I have obtained the council's email address, and I plan to send an email this evening.
The council's email address is on page 3 of the notice to owner, so I'm not sure why you say you have "obtained" it?

Can you please show us what you've sent?
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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 #31 on: »
Quote from: ConfusedD on September 25, 2023, 06:26:01 pm
I have obtained the council's email address, and I plan to send an email this evening.
The council's email address is on page 3 of the notice to owner, so I'm not sure why you say you have "obtained" it?

Can you please show us what you've sent?
[/quote]

see, I didn't realise that the email address is actually on the NTO. The administrator didn't understand when I mentioned "t’s & c’s," so she simply advised me to send an email to parkingappeals@peterborough.gov.uk, which is the same email provided in the informal rejection email. However, now that you've pointed it out, I noticed that the email in the NTO is different parking.appeals@peterborough.gov.uk.


Here is the email sent to the council

Dear Sir/Madam

While I acknowledge the rejection of my appeal, it's important to note that there is a lack of signage in the parking area specifying that electric vehicles must be plugged in and actively charging to avoid a penalty. This signifies an inadequacy in the existing signage. The rejection letter suggests that the signage contains this information, but the signage on-site merely indicates that there is a charge for electricity supply and designates the parking spaces for electric cars. Given this, I parked my car there as it is electric. To further clarify the signage, could you please provide a photograph of the image that communicates "the effect of the on-street traffic signs in the terms and conditions of use of the car park"? This would be greatly appreciated.

Thanking you
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Re: PCN Code 71 for not charging electric car
« Reply #32 on: »
The council responded to my message, stating that the signage is present at the pay and display station. This pay and display machine is located inside a room on the ground floor of the parking area. When we entered the car park, we received the parking ticket at the entrance, where there is no mention of these terms and conditions. Additionally, in the electric car parking space, there is no display of these conditions. So, we would not be aware of these rules until we go to the pay station to pay. Unfortunately, by that time, it's already too late as we have already received the PCN.

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Re: PCN Code 71 for not charging electric car
« Reply #33 on: »
For a T&C board that is as much use as a warning sign in the middle of a minefield.

You asked in writing, got that back in return.
Don't ask again but keep this for adjudication.
The reply makes it clear that as a T&C board it is not fit for purpose, lacking in information and likely only be seen as a motorist is going to pay on leaving.
Saying that contraventions are on the Order is as much use as saying guess... the motorist has no way of accessing the order easily or when in the car park.... guess wrong and cop a PCN, ridiculous.
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Re: PCN Code 71 for not charging electric car
« Reply #34 on: »
I would make a very simple challenge to the notice to owner:

Dear Peterborough City Council,

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.

Yours faithfully,


I'm happy to represent you at the Traffic Penalty Tribunal when they reject.
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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 #35 on: »
Quote from: cp8759 on September 30, 2023, 12:08:25 pm
I would make a very simple challenge to the notice to owner:

Dear Peterborough City Council,

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.

Yours faithfully,


I'm happy to represent you at the Traffic Penalty Tribunal when they reject.

Appreciate your support and rely on your expertise cp8759,
I will send this challenge to the council and keep you posted on their response.   
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Re: PCN Code 71 for not charging electric car
« Reply #36 on: »
Quote from: cp8759 on September 30, 2023, 12:08:25 pm
I would make a very simple challenge to the notice to owner:

Dear Peterborough City Council,

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.

Yours faithfully,


I'm happy to represent you at the Traffic Penalty Tribunal when they reject.


I have received the rejection letter yesterday, I have attached the letters.
please let me know if the picture quality is insufficient. 

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Re: PCN Code 71 for not charging electric car
« Reply #37 on: »
More pictures

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Re: PCN Code 71 for not charging electric car
« Reply #38 on: »
As they've not reoffered the discount it's a no-brainer to carry on as there is no risk in appealing (the penalty cannot go up if you lose as long as no deadlines are missed, but if you win it goes down to £0).

I'll drop you a PM about the next steps.
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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 #39 on: »
Logged
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
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