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EV parking charge- vehicle not charging
Hi All
I have been rather thick and thought my appeal with APCOA would go though fine... It's hasn't but I think iv shot myself In the foot with the information/detail I gave when appealed.
I work at hospital A and it is linked to Hospital B (can park at both sites) I already pay for parking.
On this day I was asked to cover a clinic at Hospital B so parked with my EV in a bay that said EV parking only (Hospital A has no EV parking slots in the staff car park). As I have a private registration plate without the green EV I thought I was given the parking charge as they thought my car wasn't an EV however the parking charge says: Misuse of Electric vehicle bay- Vehicle not charging. I was told by work to appeal and did so. It was however rejected. Work are now saying it is out their hands (the parking office and my directorate management don't seem interested as it's "only £50".. for me it's the principle).
I'm aware it makes little difference but I genuinely thought these spaces were for EVs. (Some don't even have chargers). Also out the 10 bays only 1 car was charging. The numerous and larger font signs state EV parking only and then in much smaller writing below advise to check the terms and conditions board of which there is 1 - this board has alot of text and unless you stand close to it you won't be able to read it.
Im looking for advice on whether I should POPLA appeal this and what to include. As advised I have likely already identified myself as the driver when I appealed and should have read this forum before appealing (the car is a salary sacrifice lease through the NHS).
APCOA have given a POPLA appeal code.
So far my POPLA appeal is:
"Hi this is a hospital car park where I am an employee and pay for parking. I usually work at the sister hospital- Hospital A (where there aren't any staff EV charging ports). I was asked to cover a clinic at Hospital B and when I arrived there with my EV I seen there was a space for a EV. Reading the sign it said "EV parking only". I parked on this bay as I have an EV and there were numerous other EV cars parked but not charging and returned later to a ticket.
I have appealed this as initially thought the parking attendant may have thought my car was not an EV as I have a private registration which doesn't have the green identifying box on it. However APCOA seem to state they were aware when I challenged the parking fine. And it was as I wasn't charging my EV. There was only 1 car charging out the 10 spaces when I checked and therefore this assumption that the parking is for EVs seem to be the common thought rather than just myself believing that the signage implies it is for EVs in addition some of these spaces do not even have chargers connected but still are marked as EV parking bays.
The signs provided are clearly not suitable. The sign should say EV charging parking and not just EV parking.
The latter is what the most readable and numerous sign displays and hence the reason I parked in the parking space.
Interestingly there are many of these but the photo has been taken so this sign is very blurred and unreadable. It reads EV Parking only.
I also dispute the cost of this as I already pay for parking in this car park so this can not be a genuine estimate of loss. This charge is therefore disproportionate to the loss incurred by the Operator, and is punitive, contravening the Unfair Contract Terms Act 1997"
Any help / direction will be much appreciated. I did have a look at the forum but nothing seems to cover my situation as iv been stupid and appealed and identified myself as the driver.
Many many thanks for any help.
Comments
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As you have identified yourself as the driver, there little chance of success at POPLA, especially with the points you’ve raised about your car being an EV without the green box identifier. POPLA won’t deal with mitigating circumstances.
Just forget about POPLA and thereafter ignore APCOA and any debt collection letters you receive. Please read the NEWBIES FAQ Announcement, post number FOUR, about the debt collection stage. Debt collectors can do nothing other than send threatening letters; APCOA never pursue any charge beyond their first couple of letters.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street5 -
I would suggest you read the parking t&c. Lookup your cars reg. would identify fuel type. This is public information. Can they prove you were not charging.
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Oh dear, you could have won so easily!
Just ignore APCOA.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD4 -
Thanks for the reply. Would the signage stating EV parking only not be suitable grounds to appeal to POPLA? There was 1 directly behind my car.
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Yep they have a photo with my car not showing any charging cable to either side.
Should have visited this forum as I did afew years ago when I had a similar issue before sending my initial appeal.
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What else does the sign say in regard to actually charging the EV whilst parked? Let’s see a photo of the signage detail please.
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street4 -
Hi il get an exact photo when I'm back to at that car park on Monday but the more numerous (above each EV bay) signs that is in much larger font say "EV parking only" then in much smaller writing it states to read the sign with the terms and conditions. There are 10 of the EV parking only signs and 1 of the signs with the terms and conditions that you would only be able to read if you go up to it. This smaller finger but overall larger sign is the sign that says the EV must be charging.
I would argue the more numerous signs should say EV charging parking only and not EV parking only if it's for charging only for EVs. Also in the bays where they do not even have a charger how do they expect EVs to charge? (Not a question to you but just my thoughts incase you think I'm questioning yourself).
As always very grateful for the help
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No need to do anything (APCOA can be ignored) but we are interested to see images of these signs.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD5 -
Frankly I am amazed that any EV driver would fail to understand the issue about parking in an EV charging bay and not actually charging. It really is no different to parking at a petrol pump.
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Since when have you seen a petrol pump in a car park?
Anyway, once an EV is charged it's simply a car with a cable in it. Not charging.
6
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