Is it worth formally appealing this PCN from council?

[hatsumomo]

I have a PCN (penalty charge notice) from the council.

I have tried to informally appeal it twice, but they rejected it.

I am still within the period to pay it off for half price (£35).

In my opinion the penalty is unfair, but I think my chances are only 50/50.

I am looking for advice whether to just pay this off or to appeal it formally.

PCN REASON:

The reason for the PCN is: "14 - parking in an electric vehicles charging parking place during restricted hours without charging"

MY ARGUMENT TO COUNCIL:

I have an electric car, and I was not charging at the time, however my argument is as follows:

1) There is huge lettering on the ground in front of the parking bays saying 'Electric Vehicles Only' - this does not mention anything about needing to charge while parked here and is far more prominent than the signpost nearby. (see photo)

2) The signpost wording is vague. The wording is 'Electric vehicle recharging point only' but this is vague in meaning compared to "parking in an electric vehicles charging parking place during restricted hours without charging" or other wording given to me by the council (see below) to explain the reason why I was fined.

COUNCIL RESPONSE:

You were given a Penalty Charge Notice for parking in a bay for electric vehicles to charge their batteries.

There is a sign there explaining this.

Even if you have an electric vehicle, you can only park there if you are charging your battery.

The signage in this area shows a picture of a vehicle plugged in and charging, see photo below, denoting that vehicles must be charging whilst parked.

We would advise that road markings are advisory only; it is signage that is the legal requirement to display and adhere to.

MY OPINION

I still think this is not right/fair. I dont understand why there is this huge 'advisory' lettering on the ground if it is meaningless.
On principle I do not want to pay as I feel this is unfair / abuse of power.

[ploddertom]

I think you will be on a hiding to nothing if you don't accept it. In my view they have you bang to rights - £35 is cheap, I would pay it and move on.

[Phaeton]

Playing the Devil's advocate how would you feel if you were down to you last 5 minutes of charge & somebody else had parked there just so they could go shopping for free? Although I agree the signage is poor, pay up & continue to enjoy free motoring at everybody else's expense, honest I'm not jealous

[hatsumomo]

I still think the 'electric vehicles only' wording on the ground is a trap and that the wording on the signpost is unclear.

I did not inconvenience any other EV driver as there was another bay empty the whole time and also 4 empty charging bays literally 5 meters away.

However, to avoid ongoing stress and later frustration if I lose, as you say it is easier just to pay and move up so I have done so.

[Phaeton]

I do sympathise with you & agree that the road markings are 'incorrect' but it does depend on how far you want to push it & whether you as you say want all the stress for £35. I personally probably would push it, I would write to the local counselors & leader of the council, maybe even my local MP with my views that on one hand they are encouraging electric & then underhandedly discouraging it. Possibly pay it & then ask for a refund in your letters/emails.

[hatsumomo]

I think the policy is brilliant, they should be fining people for blocking chargers, but the signage needs to be clear.

It is difficult in MK because you can park in front of a charger without charging as long as it is in the pink standard zone, but this apparently was the red zone (premium price) but as there was no red line anywhere I didnt notice and assumed it was pink zone as it is right next to the pink zone. I couldn't argue this point though but is the reality of why I got confused.

Anyway thanks for the sympathy but I will just forget this and move on and avoid MK where possible, it really makes me scared to use public parking.