Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: dj.esco on March 22, 2025, 10:16:27 am
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Dear all, as an update, Ealing council rejected the appeal based on the argument that the EV charger was not working hence charging cable disconnected and vehicle left in the bay.
Below is the letter of rejection:
https://ibb.co/s90NjhSg
Any advice on the next possible steps would be greatly appreciated.
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This is the notice of the order and I think if you had connected the charger you would have been OK as it says:
(b) specify that any parking place referred to above would be available for electric vehicles only “at any time”, without charge, provided that any electric vehicle is connected to a charging post via a charging lead at all times while it is left in that parking place. Electric vehicles left at a parking place for electric vehicle charging will be able to return at any time.
But as I said the contravention of not charging is a nonsense when you can't charge connected or not and the order may not stand up the contravention anyway.
But in an initial challenge it's best to go in with a polite not technical challenge to give them the opportunity to use discretion.
https://www.thegazette.co.uk/notice/3738063
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Thanks for the input. I am going to appeal regardless, any advice on possible wording would be appreciated but I personally think it's worth an appeal.
Can anyone advise on whether I need to go into detail in terms of reading through the traffic order just yet or can I just appeal based on what I have outlined above?
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This is not a free-parking bay for EVs whether they are charging or not and for an indeterminate period.
OP, the photos to which I, and I think stamfordman, refer are the CEO's, not yours.
Your car was parked in an EV charging only bay without charging.
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The contravention description on the PCN states: "parking in an electric vehicles' charging place during restricted hours without charging" however surely for that to be enforced I would presume the local authority would be required to provide a functioning EV charging facility in this respect, but if they failed to, then I wonder if that would bring into question the validity of the PCN on a legal level as to the description of the contravention. Especially if that was the designed purpose of the bay, but it ceases to be that in practice due to technical issues. But then I guess another driver may have sought charging elsewhere.
There was a PCN case that went to London Tribunals: case reference: 2210311085, however slightly different circumstances as the appellant's vehicle was plugged-in
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You'll have to make a polite ask for discretion I think - the CEO just saw an unconnected car and maybe didn't twig the charger was not functioning.
But perhaps this is similar to the contravention of parked without payment where the session is free - here how can there be a contravention of not charging if it is impossible to charge.
We can also look at what the traffic order says.
My objection would then be a charger that is not working may start working later.
(https://i.imgur.com/ymm0V3I.png)
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And you are correct - the photos do not show the car connected as the ticket wasn't noticed until driving off. The photos were then taken afterwards.
The car was parked, attempt made to charge, machine didn't work hence cable disconnected (I don't see why one would leave a cable connected to a non-working station), assumption was made that the bay would then be treated as any other bay.
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Yes I am the registered keeper.
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Hi all,
I have received a PCN from Ealing council for having an electric vehicle parked in an electric charging bay but not charging. The charge point was not working when parked and was just flashing red which indicates an error with the charge point. Charging was attempted but failed hence the car was left in the bay for approximately 20 minutes.
The photos show that your car wasn't even connected. IMO, the machine not working is not a defence. GSV (2 years ago) shows that the area is only subject to part-time Mon-Fri restrictions which, if current, means you could have parked anywhere else lawfully on a Saturday.
Are you the registered keeper of the vehicle?
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Hi John U.K.,
Yes it was blinking red when I got there. The link for the street view is below:
https://maps.app.goo.gl/m5uEeGmHzk2qwcw57
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Was it flashing red before you attempted to charge?
Please post a GSV link to the location.
For convenience:
(https://i.ibb.co/0j27VXp5/Milford-rd-pcn.jpg) (https://ibb.co/xSLk8sKZ)
(https://i.ibb.co/q3J59Z4g/PXL-20250322-092213521.jpg) (https://ibb.co/tTLXcdN2)
(https://i.ibb.co/Wp5Z5LFL/PXL-20250322-092218280.jpg) (https://ibb.co/7NCPCqVq)
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Hi all,
I have received a PCN from Ealing council for having an electric vehicle parked in an electric charging bay but not charging. The charge point was not working when parked and was just flashing red which indicates an error with the charge point. Charging was attempted but failed hence the car was left in the bay for approximately 20 minutes.
I have attached a copy of the PCN and a photo of the bay and charge point flashing red.
Any advice on whether there is a case to challenge this PCN would be greatly appreciated.
https://ibb.co/xSLk8sKZ
https://ibb.co/tTLXcdN2
https://ibb.co/7NCPCqVq