PCN for charging EV over maximum stay

GundamF91

Please help!!!

I was in a car park, there was a sign at the entrance stating that there was free parking for 2 hours. But I actually was there to charge my EV for longer periods. As this is the first time renting an EV, I assumed that charging an EV is not deemed to be parking. After doing some research online, it has been proven correct. I am going to try to complaint the landowner if I can find that person. Please advise what is the best course of action to appeal against the PCN with VARS Technology Ltd? 🙏 

The t&c sign was not present next to the EV chargers which I am going to add a new picture to the post. Only the EV charger user one. So the closest sign of T&C was opposite to the charging point. It is not clear where it was and on the wall of Popeye. Cannot see it unless you look for it. Also I would have assumed it applied to normal parking spots

Please see below for pictures. Let me know when you have any question.

Thank you for your help.

Kind regards

Justin

Gr1pr

As long as your name and address are on the NTH PCN, then check for compliance with Pofa,  timescales,  wording plus check for a copy of the hire or lease agreement that should be included   ( but usually isn't  )

If there were concessions for EV users the signage should say so, plus a warning about it with or next to the EV signage at the bays, the main sign does say no concessions,  so the filling time is limited to around 110 minutes, plus entry and departure times 

Never make assumptions on private property,  a lot of these places are subject to the same rules as the customers , no exceptions,  unless registration is required nearby,  in a business or hotel 

Study the bottom of the first post in the newbies FAQ sticky thread in announcements,  appeal as hirer using the template by edna basher,  as hirer 

No blabbing about who was driving or about the incident itself 

You are appealing on the legal grounds of no hirer liability 

Keep_pedalling

I will let others comment on how you get out of paying, but I will advise on the use of public chargers for future reference as car hire firms are pretty crap at it and as a first time EV user you would not have a clue.

First off charging for that length of time is rarely ever needed especially using rapid DC chargers, and would be considered as charger hogging by other EV drivers. Never charge above 80% unless you absolutely have to. To protect the battery charging rates slow dramatically over 80% so charging between 80-100% takes a lot longer than 50-80% so on a longer journey a 2 stop charging strategy will get you to your destination faster the one stop. 

The charge point you were using is a 3 phase AC charger and not all cars support 22kW charging some will restrict it to 11kW and other only support single phase at 7kW so where possible go for DC chargers where the time needed to get a decent fill up of electrons will really exceed 30 mins.

it is a bit of a steep learning curve. 

Petriix

I'd say that signage fairly conclusively indicates that charging is not parking: the charging bays literally say no parking at any time. I'd love to see that tested in court but I'd be extremely confident of winning on that point alone. 

Having said that, there is no real excuse for using a rapid charger for that length of time. There's no hard and fast 80% rule, but they are expensive and it's a waste of time. If you want a full charge then find an AC charger which is cheaper for you to leave the car at for a longer period. It's a learning curve... 

born_again

Petriix said:

I'd say that signage fairly conclusively indicates that charging is not parking: the charging bays literally say no parking at any time. I'd love to see that tested in court but I'd be extremely confident of winning on that point alone. 

Having said that, there is no real excuse for using a rapid charger for that length of time. There's no hard and fast 80% rule, but they are expensive and it's a waste of time. If you want a full charge then find an AC charger which is cheaper for you to leave the car at for a longer period. It's a learning curve... 

Clearly states no concession apply on the "Welcome to Plantation" sign. When connected & charging.

So very clear you have to pay for parking.

Gr1pr

Actually,  very clear that it's FREE PARKING FOR 2 HOURS ,  no concessions 

As for battery life,  SAMSUNG have limited the charging to 80% of capacity on my tablet,  so is never above it

Coupon-mad

Please show the back of this PCN.

Looks like a Notice to Hirer but we need to see the back please. Were there any enclosures?

I disagree that there is a clear 'parking contract' from VARS offered to people in the EV bays. There isn't!  It says no parking at any time! Not that it matters.  Won by a typical NTH appeal.

GundamF91

Coupon-mad said:

Please show the back of this PCN.

Looks like a Notice to Hirer but we need to see the back please. Were there any enclosures?

I disagree that there is a clear 'parking contract' from VARS offered to people in the EV bays. There isn't!  It says no parking at any time! Not that it matters.  Won by a typical NTH appeal.

Here are the backs for both PCNs, thank you 🙏

Coupon-mad

And no enclosures... so you know from the lease/company car section of the NEWBIES thread how exactly to play this.

Umkomaas

Do you have two parking charges - 19/11/24 and 22/11/24?  If that's the case, you need to deal with each separately. Two separate appeals to VARS and two separate appeals to POPLA (if they get that far). Remember, you are appealing on each as the hirer (not the driver), so be careful with any (mis)use of words!

GundamF91

I have sent the following email to appeal according to advice in the forum.

Dear Sir,

Parking Charge Notice [...]: Vehicle Registration [...]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by VARS Technology (“VARS”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that VARS has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

Today, I have the follow reply from the parking company.

Good afternoon,

Thankyou for contacting VARS Technology.

We can confirm this claim has been closed, no further action required.

Kind Regards, 

Name

VARS Technology

Thank you for everyone's help at the forum!!!!