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Code 71 Electric Car Charging

Hi All,

I parked my car in a council pay on leaving car park - I have an electric car, that I have had for 3 years, and have never encountered this issue before or was not even aware of the code 71 rule!

The writing on the floor of the car park states ‘ Electric Cars Only’ The painting on the floor of each bay has a charging sign. There are no signs anywhere in the car park that indicate that the charging cable has to be connected, or that there will be a fine if the car is not recharging. 

I received a PCN, and I challenged it on the basis of the lack of signage. They replied with a standardised reply which didnt even relate to the car park I was in. So I sent in a further challenge, this time including pictures clearly showing there is no signage, and pointing out that it does not state recharging only, just electric cars only. The traffic warden could not point me to any signage and I also asked if my cable has been connected but not charging, would I have got a pcn - he stated no. Which makes complete mockery of the whole affair. I also quoted clause 1.12 which states ‘ The restrictions need to be made clear to motorists through appropriate and legal traffic signs and road markings’

Anyway unperturbed I called parking services and asked again - tell me where I am wrong, if I am wrong I will happily pay - the employee told me well it should be clear its a charging bay as it has a charger in it! Again, I asked how would the motorist know they are liable to a fine though? seeing as the vast majority of car parks do not do this, so it is not like it is the norm- she could not reply. The call prompted another email reply which states that it is ‘implied’ in the bay markings, electric charging bay, meaning if I park there I am depriving other users who need to charge their vehicle. 

This is a pay on leaving car park - therefore the space is paid for regardless, but also they have no idea when someone intends to charge their car - I could in theory be there all day as there is no indication of when I intend to leave. 

Ultimately what they are implying is that the sign on the floor should be enough. What I should point out is that this particular car park has other spaces that have restrictions on them, on each bay there is signage warning that the motorist would be liable to enforcement action if parked there, this is also echoed on the pay notice board - but there is no warning for the electric parking bays.

My question is: Am I wrong? Or am I right? Should there by signage telling the motorist the rules and the potential of a fine?
If I am wrong I will simply pay the fine, begrudgingly as I am not psychic! 

I would really appreciate some guidance on this - my car is a through work car, so the notice to owner may go straight to them and they will just pay it - which I dont want them to do if I am right to fight it. The council appear adamant, and I can see that lots of people over the years have been fined in this car park for this reason - is this because no one can be bothered to fight it, or is it because I am in fact wrong? 

Thank you 

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Comments

  • Keep_pedalling
    Keep_pedalling Posts: 16,193
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    You are very wrong, as a fellow EV driver if there is one thing worse than an ICE car sitting in an EV charging space it is an EV blocking the space with no intention of actually charging. 

    I am afraid if you posted this on an EV forum you would be get some very harsh replies. Do you really think it is OK prevent other EV drivers who actually need to charge from charging just so you can get free parking?
  • Coupon-mad
    Coupon-mad Posts: 129,252
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    You could try asking on pepipoo as it is a Council PCN.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi - No it was not free parking it was paid for parking, and I may have intended to charge my car - but the PCN was given regardless. 

    Yes I agree, as an EV owner it can be annoying if there are only 2 spaces and a car isn’t charging - but this car park has a ton of charging spaces and on two levels, but this isnt the point of my asking. I would have been wrong if I was taking a free space - but there is no financial loss - you pay when you leave so they have no idea of how long you intend to be there - they also say if your car is full, you do not have to move your car - so that is the same difference. They also said the car didnt need to be charging - just a cable connected - which means they are fining you for the lack of a cable.

    My point is only is it illegal not is it annoying? Did I contravene code 71? Or is it written in law that there should be adequate signage to warn the motorist of the potential contravention. 

  • You could try asking on pepipoo as it is a Council PCN.  
    I have posted on pepipoo - but it is too fast moving, and you don't get a reply even if you bump back to the top. I got one reply asking for the important pic showing the restrictions and rules -  I replied there isnt one! This reply kind of indicated that signage should be present but that poster didn't comment again to clarify why he asked.
    Another chap said the PCN is invalid due to some wording on the back around the 28 day rule, but I think that was actually correct as it was placed on the windscreen and not posted out. 
    What I haven't managed to do is get a clear answer as to whether in law signage should be present, or if in fact it does not. 
    I am time restricted as to whether I pay or not hence asking here also. 
  • Coupon-mad
    Coupon-mad Posts: 129,252
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    Another chap said the PCN is invalid due to some wording on the back around the 28 day rule, but I think that was actually correct as it was placed on the windscreen and not posted out. 
    I haven't seen it but I suspect that chap had a point.  They don't point out loopholes for fun AND almost every Council PCN issued for a parking offence is a windscreen one.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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