ParkingEye PCN whilst charging EV at Gissons Hotel, Exeter

reliag17

https://forums.moneysavingexpert.com/discussion/comment/82145293#Comment_82145293

Hi Gr1pr - yes ParkingEye via DCB Legal.

The issue date is: 11 Sep 2026 (received it today - 22nd)

I hope the attached is what you're after.

Many thanks 👍

PXL_20260922_190407861-EDIT.jpg

MrJenkinsEsq

Jopson v Homeguard Services Ltd (paras 19 to 21) says parking is leaving a car for longer than is needed for getting in or out, loading or unloading it, or a short vicissitude, and "merely to stop a vehicle cannot be to park it". A car on a charger is stationary because something is being put into it, as at a petrol pump. Until the charge ends, charging is loading, and loading isn't parking. The obvious objection is that Jopson was a few minutes unloading furniture and the question is fact and degree.

The other objection is that electricity isn't a thing you load. Ofgem treats public charging as resale of electricity, consistent with the Gas Act's treatment of LPG sold as vehicle fuel (Ofgem MRP decision, 2014). The CJEU has twice held EV charging to be a supply of goods with the operator's services ancillary (C-282/22 and C-60/23, both post-Brexit VAT cases, so persuasive only). Edwards v Ddin [1976] 1 WLR 942 holds fuel delivered into a customer's own tank is a sale of goods. If fuel into a tank is goods being delivered, so is electricity into a car battery, and a car receiving a delivery is being loaded.

Also, the Public Charge Point Regulations 2023 (SI 2023/1168) require the charging price to be displayed per kWh, and the DfT guidance (paras 3.6.1 to 3.6.3) treats parking and overstay as separate components from charging. Charging is priced by the kWh delivered. Parking is charged by time.

That seems logical to me, no idea how it would hold up though.

Gr1pr

Get the AOS online stage completed if not done already

No alleged breach pleaded so use the Chan and Akande defence template in announcements

Le_Kirk

With an issue date of 11/09/26 and providing you complete(d) the AoS before or on 30/09/26 your defence deadline date is 4.00 p.m. on 14/10/26

Agree with ^^^ @Gr1pr re Chan & Akande

reliag17

Evening All

Many thanks for your swift assistance. It is very kind of you and much appreciated.

Quick question in terms of the AoS, do I tick the box "I intend to contest jurisdiction", as attached? (I assume not).

Thanks

Gr1pr

Not

Study the advice in the newbies sticky thread in announcements plus the 8 steps in order to complete the AOS online stage, by looking at the Dropbox file

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82146431#Comment_82146431

You shouldn't be assuming anything.

The 8 steps covers AOS in page by page pictures and tells you all this already.

The defence is also done for you. The special one linked twice there. We don't need to check it and you don't need to draft any words. Trust the process.

reliag17

Hi Coupon-mad, et al

Thanks for your help with this, your time and advice is very much appreciated.

I have not received any additional correspondence since completing the AOS, so I am about to complete my defence online.

To confirm, I simply copy paste points 1 to 10 from your template, i.e:

"1. The Claimant’s sparse case lacks specificity…. through to

10. The Defendant seeks fixed costs (CPR 27.14) and…"

And use the Chan & Akande defence wording in point 3.

Many thanks

Gr1pr

Correct, apart from adding a concise ending to paragraph 2 and do not include the " at the end of paragraph 3

reliag17

Thanks Gr1pr

I am tempted to make a counterclaim for the annoyance and time wasted - including HM Courts & Tribunal time, but given the lack of discussion around counterclaims, I sense this is not a recommended approach.

Thanks again!