ECP PCN whilst charging a hired EV

Starshine2026 · 16 February at 1:17PM

Hi all,

I'm just about to submit my appeal online using the Edna Basher template kindly provided, as below. I have instructed Enterprise not to liaise on my behalf or otherwise. This may be a naive question but should I also state that I have a blue badge?

Thanks

Template to be used:

Dear Sir/Madam

Re: PCN No ...

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to me at the address listed below:

Address xxx

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Euro Car Parks has no reason to contact xxxxx again regarding this PCN.

The car was left charging in an EV charging bay, which is not parking. I attach an invoice from xxx as proof of this fact.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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 Euro Car Parks’ 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.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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.