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I wrote the following appeal, would appreciate any comments:

This is an appeal for the Parking Charge Notice (PCN) issued on 19/10/2024 on the following grounds:

1. The car is an electric car and the driver used the charging station located in the car park which located next to the busy A40 for about 28 mins. The driver took all the possible precautions to abide by the laws of the car park. They checked all the signs and nothing indicated that electric cars using BP should pay for parking.

The Consumer Rights Act 2015 requires that all contract terms must be fair and transparent. Section 68 states that terms must be expressed in plain and intelligible language and prominently brought to the attention of the consumer.

In this case, the signage fails to clearly communicate whether electric vehicle (EV) drivers using the marked EV charging bays are required to pay a parking tariff while charging. Given that:

• The parking bay is specifically marked for EV charging,
• The vehicle was actively charging for the duration of the stay,
• There was no specific mention or warning on the sign that EV users must pay for parking in addition to charging,

it is reasonable for a consumer to assume that parking is included when using the BP EV charging facility. The ambiguity in the contract terms breaches Section 69 of the CRA 2015, which states that, in cases of ambiguity, the interpretation most favourable to the consumer must prevail. Therefore, the lack of clarity regarding tariffs for EV users makes the charge unenforceable.

2. The driver of the vehicle acted in good faith by checking the signage before charging. The absence of explicit terms for EV charging bays meant that the driver was unaware of any requirement to pay additional parking fees. There was no intent to evade payment, and as the vehicle was actively charging, there was no loss incurred by the landowner.

Given the ambiguity of the signage under the CRA 2015, the absence of clear terms applicable to EV users, the Notice to Keeper’s non-compliance with PoFA, I request that this Parking Charge Notice is cancelled immediately.

I attached photos of the signage and payment made for charging the car on the day.

Thank you very much ! An appeal was submitted but got rejected later.

They sent a letter of rejection and a PoPLA ref number.

The rejection of the appeal was on the following grounds:

''We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached. Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available. We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure.''


Would appreciate your feedback and what to do next.

Thanks

Thank you for your reply. That's correct, it's a PCN. I attached photos for you to view

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