PCN for Electric car

paraza

I cannot find another discussion on this, apologies if it has been covered, and if it has please can you point me in the right direction?

I parked my electric car in a station car park run by NCP. I parked in the electric car bay and bought my ticket. However the charging point at the station was out of order so I couldn't charge the car. I received a ticket with the contravention being 'The Charging Bay is for charging only and not for parking'. There was nothing on any signage that said if the charging point was out of service you must not use the space. I appealed and NCP say the notice was correctly issued.

Does anyone have any help on this specific point with electric charging bays, and out of service chargers? I believe I fulfilled my part of the contract - parked in the correct place and paid for my ticket. Who is at fault when the charger isn't working?

Fruitcake

You are correct; you complied with your side of the contract but the landowner and their agent, NCP, failed in theirs. It's called "frustration of contract".

Plan A is always a complaint to the landowner and your MP. If the ca park is a railway asset then the landowner will be Network Rail or the Train Operating Company (TOC). If it is a railway asset then byelaws will apply. If you didn't blab about the driver's identity in your initial appeal then this will be an easy win at PoPLA because the keeper cannot be held liable.

Even if you did give away the driver's identity, you should still win at PoPLA, which is Plan B.

Charging an electric vehicle is fuelling, not parking, but even though the driver couldn't fuel the vehicle, there are plenty of other appeal points for you to use that you will find in the third post of the NEWBIES.
Get photos of the site and signage in readiness. Use Google Streetview images if they will help.
Did you take a photo of the inoperative charger system?
Where did the alleged event occur? It may have cropped up here before.

Post your draft here for checking before you submit it, but do try Plan A first.

Coupon-mad

You don't need it.

DO NOT APPEAL SAYING WHO WAS DRIVING OR THE STORY OF WHAT HAPPENED.

Just tick 'registered keeper' and put this as your online appeal:


I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s liability (if any) to me as you have not served me with a notice to keeper that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by PoFA paragraph 9(2)(f). 

The bay was not in use as an electric charging bay but regardless, you can't hold the keeper liable.

I require you to cancel the parking charge unless you want to waste your money losing at POPLA.

 I appealed and NCP say the notice was correctly issued.

EDIT:

Oh no, you already did the wrong appeal and you can't now use the above winning point.

You can either ignore the daft £170 debt demands or try POPLA then ignore the scam entirely, if you lose.  This is fully explained in the NEWBIES thread.

No paying!

paraza

Thank you very much both, I shall let you know how I get on