I received a PCN for using this site. Had no idea that I had to input car reg at the hotel. It was only my second time charging the car at a supercharger.
Anyway I appealed to POPLA and was actually successful!
This was the assessment :
The appellant’s case is that they were charging their Tesla this day. They advise they did not see any signs or ignore any terms this day. They state the terms were not obvious [that they needed to register inside the hotel] and that this was their first use of the charger on this site. The appellant states the bays were marked for charging and not use of the hotel. They point out they had to pay Tesla for the electricity they used. The appellant has provided evidence of charging in support of their grounds.
It is the parking operator’s responsibility to demonstrate to POPLA that it has issued a PCN correctly. In this case the PCN was issued because the appellant did not input their vehicle registration mark (VRM) when using the charging bays this day. The signs advise that: “Motorists using TESLA chargers must enter…registration into the terminal at reception”. I also note the operator has provided the appellant’s evidence of their use of the charger within their case file. At a car park such as this, parking validation is linked to the vehicles seen to be on site by provision of a full and correct VRM at reception. I cannot consider the operator was incorrect to issue this PCN in the first instance because the appellant has confirmed they did not know about, or complete, this action on the day in question. However, when a motorist provides evidence that they did use the site legitimately the operator must follow the guidance set out by the British Parking Association’s Code (BPA) of practice, specifically section 17. Paragraph 17.4 of the BPA code states: “The Code recognises that keying errors can be grouped into 2 main areas” and goes on to explain the difference between “Minor Keying Errors” and “Major Keying Errors”. In relation to Major Keying Errors paragraph 17.4 advises that “In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist … were a legitimate user of the car park... It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges …therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified...” The operator’s evidence confirms that an offer of £20 was not made to the appellant and I must consider the operator has not demonstrated they have complied with the obligations set out in section 17 of the BPA code. As such, I am not satisfied they have pursued this PCN correctly. Accordingly, I must allow this appeal. Whilst I note the appellant has raised other grounds and comments in this case, as I have allowed the appeal for the reasons above, I will not be considering them.