EV Charging point misuse

[tesla6518]

My friend received a parking charge notice from APCOA for misuse of Electric Vehicle Service Equipment (Charging Point), The situation was as follows, He drove to Reading and found a charging point within a car park as he was going to London by train and his vehicle needed charging for the return journey. unlike other charging points the EVSE did not have a charging cable and he had to connect his lead from the car. He setup the app to charge the car and then left to catch the train. when he returned he found that the vehicle had not been charged, so left and paid the parking charge as it was a barrier car park. later he received an £85 PCN which he appealed and was refused. The incident took place on a Sunday and the car park was empty. He had to stop at a charging point on the way home and charge his vehicle to be able to complete his journey home. I have several questions regarding the " Electric Vehicle (Smart Charging) Regulations with regards to information in the PCN ( having problems trying to transfer from png to pdf) but would appreciate any views in the interim.

Many thanks

[des8]

If APCOA provided the charging facility did your friend complain to them about the non charging before they issued their PCN?

When he appealed I suppose he identified himself as the driver

await copy of redacted PCN

[tesla6518]

Thank You for your reply Des. My friends reply to that question was " No I did not mention to them before we discussed this my appeal was rejected, I sent another appeal stating that the previous appeal did not take into account my points"
I am trying to get further clarification on this.
I have also asked him to request who owns the EVSE, as APCOA are parking management company I do not believe it is their property nor that of North West Railways who I believe own the car park by the information on the PNC.
The PCN seems to be a printout from a mobile machine, similar to a till roll. I am also trying to get photos of the car park signage.

once again many thanks

[des8]

Pity if he has identified the driver, as if the land is owned by the railway the law is such that they cannot transfer liability from the driver to the keeper.

Really need to see the PCN and the parking signs

[tesla6518]

Have at last received a viewable copy of the pcn. Will redact tonite and post up later
Many thanks.

[tesla6518]

At long last the PCN it was provided as a till receipt ticket, I have been informed that the PCN was placed on the windscreen. still no confirmation if driver identified. But by deduction, having submitted an (2) appeal he has either identified as driver or owner.
Now trying to see if anyone on Facebook could get me photo's of terms and conditions.

[des8]

So he has appealed a windscreen charge notice twice, and identified himself as the driver
The appeal was rejected.

They will most likely chase the for payment, and if he fails to pay they will issue a court claim for something less than £300.

APCOA do supply charging points in many of their "facilities"

As a defence was his vehicle not connected to the charging point when the charge was issued?
Is there any evidence that he set up the app to pay?
Is there evidence of the payment made for a charge on the way home?

They will probably make errors in the claim and sometimes these are sufficient to have the claim dismissed, or at least reduced.

It will be for your friend to decide risking the court case, and the stress that goes with it, or paying the reduced amount requested.

[tesla6518]

Thank Des

Yes he does have the receipt for the charging that had to be carried out on his way home.
Yes his own charging lead was plugged in the whole time.
I have now confirmed that APCOA do own the charging points.
I am now thinking that he should request the data for all the EVSE equipment on site, to prove that he did not deprive them of any revenue.
once again thank you.(on his behalf)

[des8]

What do the car park signs say?
Legible photos of the main signs and any signs by the charging points would be useful

[tesla6518]

Des8 thank you for all your assistance. But after your last. I advised him to pay the lower fee as he does not have time to get evidence and fight a court case.