Parked to charge an Electric Vehicle

Coupon-mad

Use the template like everyone does.

  

joyfuliving

Along with this template...

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

joyfuliving

Along with the above template I’m planning to upload these two images 

joyfuliving

And this one 

Coupon-mad

Whatever you send won't be accepted. Is this NTK a POFA worded one in the back, or not? 

joyfuliving

Exactly the same letter but the Date of Breach is 7th Sept and Date of  Parking Notice Issue is 17th Sept

So what should I write to Horizon..stick to the template ??

joyfuliving

The first page

joyfuliving

1st Case- Date of Breach- 10th Aug 2025
As expected received an unfavorable decision from POPLA.

What should I do next?


Assessor supporting rational for decision

When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. The appellant has explained that they visited the site to charge their vehicle but were issued with a PCN for failing to pay or register, but they say that the signage was unclear and misleading. I acknowledge the appellants comments, so must check the signage to make sure they comply with industry regulations. Section 19.3 of the BPA’s Code says parking operators need to have signs that clearly set out the terms. The appellant has provided an image of a sign close to the charging bay, and the operator has also provided close images where the terms and condition can be read. The appellants vehicle can be seen entering the site at 22:05 on the 10th of August 2025, staying for 1 hour and 4 minutes before leaving at 23:09. The terms and conditions shown on the signs tell drivers that if they wish to park then this is allowed between 8am till 6pm where charges apply. They also state that Premier Inn guests and Brewers Fayre Customers must register their vehicle on a tablet to permit their parking. The appellant was not a Premier Inn or Brewers Fayre customer but wanted to use the car park to charge their vehicle. However, they were not allowed to use the car park during the times they visited as drivers cannot pay, and they were not a customer so were unable to register or use the car parks facilities. The signage does not state that there are any exemptions for EV charging customers, or that they are allowed to use the service after 6pm while not being a guest or customer at either venue. The operator has provided a site map showing there are 11 signs positioned in different locations around the car park. After further consideration, I am satisfied that the signage at the site complies with section 19.3 of the BPA’s code of practice as the terms and conditions are clear, unambiguous and available for drivers to see if they wish and positioned correctly. The appellants evidence of a payment for using the EV charging point cannot be taken into consideration as there were no exemptions for EV charging, or a free 90 minutes as suggested by the appellant, so this is why their appeal was rejected as shown in their evidence, along with evidence of EV charger usage. In addition to this, I am satisfied that the signage is clear in indicating who the terms apply to, as previously stated, they show Premier In guest regulations, Brewers Fayre and parking times. The operator does not need to display a sign at the charging point as the terms are no different with no exceptions for users. I have viewed the appellants photographic evidence of the signage, but I must advise them that the driver of the vehicle does not need to have read the terms and conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the terms and conditions of the contract before accepting it, and I am satisfied that this was the case, the signage was present and visible for the appellant to see had they of wished. To summarise, the appellant was not a guest or customer at the venues and no payment to park was allowed during the times they visited, so they should have taken the opportunity to view the terms and conditions before agreeing to a contract and using the facilities without authorisation in the belief they could use the charging point free of charge for 90 minutes. I have viewed all of the appellants evidence but do not feel they make a material difference to the outcome of this appeal. After considering the evidence from both parties, the appellant did not pay or register, so therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal.

joyfuliving

 2nd  Case- Date of Breach- 7th Sep 2025
Below is the response from Horizon

Thank you for your recent correspondence concerning the above-referenced Parking Charge.

 

 

Review of your Appeal

 

The Parking Charge was issued lawfully and in full and proper accordance with the Private Parking Sector Single Code of Practice issued by the British Parking Association (the ‘BPA’).

 

There are signs located at the entrance to, and within the car park, that state the terms and conditions that apply when parking. 

 

As clearly stipulated on signage within the car park, payment or registration for parking must be made for the full duration of the vehicles stay.  Our systems do not show any evidence of payment or registration made against this vehicle on the incident date.

 

The signs throughout the car park are clear and comply fully with the BPA’s prescribed rules and regulations.  When parking on private land, it is the driver’s responsibility to ensure they adhere to the terms and conditions of the car park concerned.

 

Please be advised, motorists that use the vehicle electric charging facilities on site still need to adhere to the terms and conditions stated on the signage within the car park.  

 

As we have not been provided with the name and a serviceable address for the driver/hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to meeting the requirements of the Act, to recover from the Registered Keeper the amount that remains outstanding. We have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this charge.

 

If parking cannot be made without breaching the terms and conditions of the car park, alternative parking arrangements must be sought or motorists will be issued with a Parking Charge as per the car park terms stated on the signage on site.

 

Given the above, and whilst we have considered your representations carefully, on this occasion your appeal has been rejected.

Le_Kirk

POPLA appeal decisions are not binding on the motorist.  Next move up to the PPC but expect more chasers and debt collection letters then maybe a letter of/before claim.