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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.

«1

Comments

  • sheenas
    sheenas Posts: 345 Forumite
    100 Posts Second Anniversary Name Dropper

    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.

  • Coupon-mad
    Coupon-mad Posts: 161,343 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    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 THREAD
  • 0308966u
    0308966u Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper

    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.

  • 0308966u
    0308966u Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper
    edited 28 March at 8:52PM

    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.

  • Umkomaas
    Umkomaas Posts: 44,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    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 Street
  • 0308966u
    0308966u Posts: 27 Forumite
    Part of the Furniture 10 Posts Name Dropper

    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

  • Grumpy_chap
    Grumpy_chap Posts: 20,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    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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