DCB Legal/Euro car parks - overstay due to a faulty EV charging point

Thatladydowntheroad

Hi, I'll try to keep this as brief as possible, but any and all guidance is deeply appreciated!

First time I ever attempted to charge the EV on August 9th 2024, I plugged in and stayed in the car, having no idea what, if anything, should be appearing on the dashboard and or app. About 10/15 mins into the charge, the charging point screen started to glitch on and off, but the light above was still green, then the screen went black. I assumed it was a sort of power-saving mode, but I got out to check when the green light went out. Anyway, a couple had just left another point, so I moved there and began the charging process again and then realised it had never been charging for those 20 mins at the first port. Another vehicle plugged into the first port I'd used as the screen was back and normal, he moved after around 5 minutes when the screen flickered again (caveat - I observed issues with this port on and off for months afterwards and not once was there a sign or any info related to the fault!) 

Received a notice to keeper and appealed on August 21st 2024. It was denied and escalated to POPLA on September 5th 2024 , and failed POPLA appeal outcome on November 11th 2024. Nothing until a claim form on September 30th 2025.

I enrolled the MCOL October 3rd 2025, then I had a few flare-ups with my disabilities, and now I'm not sure where I'm at or what to do. I've read and searched so much that I went down an ADHD rabbit hole and completely lost the initial reason I was researching!

I recall being frustrated that the only thing they focused on was the ANPR cams clocking time in and out and not what actually happened. they also stated that I didn't approach the counter which in all honesty that first time didn't occur to me as the EV and petrol station aren't quite the same and going forward after this incident every counter I approached said they have no control and nothing to do with EV charging - so my inclinations were right. 

I never left the EV aside from plugging in and out, so I was never parked without using the charge point.

I read in The private Parking Sector Single Code of Practice. 

8.4.4. In considering appeals, parking operators must consider mitigating circumstances in accordance with Annexe F. 

F.1 Exempt circumstances 
Parking operators should take all reasonable steps to avoid issuing a notice to exempt classes of vehicle (listed below) by scrutinising images and weighing the balance of doubt. It is recognised that it may not always be possible for a parking operator’s system to pick up that these circumstances have arisen, and hence issue a notice that should then be withdrawn on appeal, providing that acceptable evidence is shared within the time limits set.

i) where the parking operator has breached an obligation in this Code relating to the issue of a notice, or such that the driver was unable to adhere to the relevant obligations. 

Is this helpful? Due to no clear signage about the fault or directive signage on what to do if there is an issue.


Next steps, please? Do I need to defend again? 
Amount claimed: £185.40, court fee: £35, legal rep costs: £50 = £270.40

NB I have very little in the way of actual evidence, as it was over a year ago, and I no longer have the EV.

Le_Kirk

What do you mean "enrolled the MCOL"?  Do you mean you submitted your AoS?  Do you have a N1SDT claim form?  If so, what is the date of issue of that form?  What does it state in the POC?  If you can sign in to MCOL what does the status page say about your claim?

Thatladydowntheroad

@Le_Kirk thanks for responding.

MCOL - Money claim online. Claim history states 'acknowledgment received' 
I haven't yet submitted AoS because I'm not sure what to do
Received the claim form and response pack N1SDT form, issue date 30th September 2025
POC? do you mean Particulars of claim? 
Status:
available options:-
Acknowledgment of service
Response forms 1) start defence 2)start part admission 3)view instructions

Thatladydowntheroad

A copy of claim form if that helps

Coupon-mad

Claim history states 'acknowledgment received'.

If it says that, you've already done the AOS and must now defend.

Le_Kirk

With an issue date of 30/09/25 and having completed the AoS in a timely manner

your defence deadline date is 4.00 p.m. on 03/11/25

Le_Kirk

POC = particulars of claim
The instructions on how to complete AoS are in a dropbox file in the NEWBIE sticky but, as @Coupon-mad writes, it seems like the AoS is complete.  Post a picture of your status page from MCOL.

Car1980

This is a Euro/DCB Legal claim so as long as you defend it will eventually be discontinued.

But, for your defence, defend what they are claiming for - not what you think they are claiming for.

Why do you think the charge was for overstaying? Does that have any relevance to your 20 minute charging difficulties because EV charging can take hours can't it?

Thatladydowntheroad

@Car1980 - It states that the charge is for overstaying. My argument is that those 20 minutes shouldn't count as an overstay, as I intended to charge, and that is what I did. I never left the vehicle, and it is their machine that had the error, and the fault lies with them because of this. As I mentioned above, they've not upheld what's in the Private Parking Sector Single Code of Practice because no directive signage was up.




@Le_Kirk - status page of MCOL. With these dates is my deadline still 3/11/25?

 

Thatladydowntheroad

@Car1980 p.s the battery was too low for me to leave and find another charge point. (said this in my initial appeal) In hindsight, I could have charged to 50% instead of the 80% but that would've cost me more. 

Car1980

Well what time are you allowed to remain on site, regardless of charging or not?