PCN from parking in an EV bay

omnomnomivore

I have recently received a PCN for parking in an EV charging bay. The space had “EV only” painted on the bay, and had no signage surrounding it, so as I was driving an EV I parked in this space, went inside to feed my son, and returned to put my car on charge. On returning I found that I had received a PCN. 

My points for appeal are below, and were not addressed in the appeal, with my response simply stating I broke the terms and conditions of the car park. 

- inadequate signage: there are no signs by the EV spaces stating any terms and conditions or that they are for charging only. The spaces simply stated “EV only”. 
- terms and conditions signage is not present on one entrance to the site (note it is on all but one entrance)

- terms and conditions entry signage state that terms and conditions are outlined inside the car park. I could actually only find them on the entrance to the shops, not inside the car park. And again, they are not on all entrance doors. 

Am I worth appealing this to POPLA, or should I just pay the reduced fee while I still can?

Gr1pr

Name the parking company and location please

omnomnomivore

Merry Hill and Retail Park Ltd

KeithP

For interest, this is the entirety of Retail Park Ltd's privacy policy...

That's it... there is no more than that.

Spies

Were there not chargers at the end of the bay?

Those alone indicate they're for charging only

ChirpyChicken

So many tiny parking firms around these days
Thought i recognised the name. It's connected with bank park ltd

Coupon-mad

Spies said:

Were there not chargers at the end of the bay?

Those alone indicate they're for charging only

Maybe but that doesn't create a contractual obligation or term, much less an agreement to pay £100.

This is contract law. No signs = no contract.

Umkomaas

ChirpyChicken said:

So many tiny parking firms around these days
Thought i recognised the name. It's connected with bank park ltd

As well as:

UKPC 
Intelli-Park, and
Secure-A-Space

'Oh what a tangled web we weave, when first we practice to deceive'

omnomnomivore

Coupon-mad said:

Spies said:

Were there not chargers at the end of the bay?

Those alone indicate they're for charging only

Maybe but that doesn't create a contractual obligation or term, much less an agreement to pay £100.

This is contract law. No signs = no contract.

Do the signs require to be present and visible at the spaces, or does it suffice for there to simply be some signs on some entry points pointing you to signs in the car park? Note these signs aren’t actually in the car park but on entrance to shops, but unsure if that is significant or not. 

I’ve attached a picture of the sign present on some of the entrances and the EV spaces, which don’t have the clearest markings and no signage other than a rapid charging sign. 

Coupon-mad

There is nothing visible to create any contractual terms about obligations in those EV bays, and certainly not any agreement to pay £100.

omnomnomivore

Coupon-mad said:

There is nothing visible to create any contractual terms about obligations in those EV bays, and certainly not any agreement to pay £100.

So would you say it’s worth pursuing this with POPLA? Are there any BPA rules about signage needing to be visible from spaces that I can use as part of my appeal?