EV parking charge- vehicle not charging

oldernonethewiser · 29 March at 9:14AM

https://forums.moneysavingexpert.com/discussion/comment/81941364#Comment_81941364

The OP wrote that some of the EV spaces don't have chargers associated with them.

Grumpy_chap · 29 March at 9:19AM

https://forums.moneysavingexpert.com/discussion/comment/81941580#Comment_81941580

Hmmm, so they do.

That is exceedingly unusual. I'd like to see that evidenced. If, indeed, the EV space has no charger then that would be the defence for not charging…

0308966u · 29 March at 9:56AM

https://forums.moneysavingexpert.com/discussion/comment/81941358#Comment_81941358

I will get a photo of the sign when I'm back at that particular car park tomorrow. Thanks for the reply

0308966u · 29 March at 10:37AM

https://forums.moneysavingexpert.com/discussion/comment/81941588#Comment_81941588

Hi thanks for the reply. I for some reason didn't see your reply earlier so replied to your initial message (deleted that now).

I will get photos of the sign and also the bays that show many do not have charging ports (they do have a back plate where the charger is meant to be mounted to but no actual charger or charging port). Will become clearer when I post the photo tomorrow. Although the space I parked in did have a charger for it.

Once iv got the photos id be interested to see if it's still worthwhile to appeal to POPLA. Thanks again folks.

chrisw · 29 March at 10:48AM

If there was no actual charger fitted then fair enough. However, as an EV driver, there is nothing more annoying than needing to charge and finding cars parked in the charging bays not charging. I'd ticket the lot of them.

0308966u · 30 March at 9:22AM

Morning all. Here are the photos I took this morning.

The EV parking sign is above every bay and across the charging bays there are 2 of the T&C's sign (pink sign). Out the 10 charging bays 4 do not have a charger attached to the back plate.

Question is do I bother with POPLA (for peace of mind) or just let it go and ignore any correspondence from APCOA?

Many thanks

Coupon-mad · 30 March at 1:10PM

You could try POPLA, with those photos, based also on the fact that:

a fuchsia pink sign placed 8 feet up by the ceiling, with tiny white writing is unreadable. The PCN sum is apparently £50 reduced to £25 but that's not large nor even in bold text. It is completely illegible unless you zoom in (which a driver's eye can't). So that term and sign fails to meet the 'prominence test' for agreed contracts. Per the Joint CoP and per Beavis and per the CRA 2015.
Secondly, the sign names the NHS Trust as the contracting party (top right). Or is it APCOA (top left)? This is at best, ambiguous (ambiguity of terms or signs is illegal under the CRA 2015) but anyway, where a sign/contract 'identifies a principal' then an agent cannot sue under it (see Fairlie v Fenton and doctrine of agency).