That's interesting then if the charging bays are actually under the jurisdiction of someone else! What a total pain though to have to do that.

 

Don't say that, it will encourage ICE cars to use these bays if they think they can't get fined for using them. (As far as I know Instavolt don't fine non-EVs from occupying their spaces, or issue overstay penalties)

 

If you haven't already, it might be worth sticking a note on the affected listing on Zap Map to warn/ prepare others.

 

[Pedant mode ON ]
It's not a "fine" but an "invoice" from the company authorised to operate the car parking on behalf of the owner. So many of these "fines" are paid because the recipient thinks they are indeed "fines" and don't want to pay the surcharge if they're late paying it. It's a money making machine that plays on peoples ignorance or fear.

Anyone who is ever issued a PCN by one of the multitude of ex-clampers should read this before they do anything else: Fight unfair private parking tickets

They should then join this forum and follow the advice given there: Parking Tickets, Fines & Parking
[/Pedant mode OFF]

 

Instavolt lease the spaces that are adjacent to the charge point, therefore the land owner doesn’t actually have jurisdiction to police the parking in those spots.

Once the charge point operator has signed the lease they are instavolts spaces I think any parking operation would struggle to make a PCN stick under these circumstances.

I have never been in your situation but I suspect you could just write to the company that issued the PCN and request that they cancel the ticket because the terms of instavolts lease state that provision and access must be granted to the spaces for the purpose of charging.

 

Is the leased space thing true of all the charging network operators or just Instavolt?

 

I can’t comment for others but I looked into how the instavolt arrangement worked before I have a friend who owns a petrol station that wanted a rapid charge point and he asked for my advice.

The instavolt system works like this:

They install the charge point FOC and pay to lease the spaces adjacent to it.

The terms of the lease state that they own maintain and operate the charge point and the land owner has to ensure free and unencumbered access to it.

I suspect that the likes of polar have similar arrangements in pub car parks and that when access was restricted to the points during COVID that the land owner was in fact in breach of contract by doing so.

I’m sure it would be fairly easy to find out what the t’c & c’s are for each operator though should you ever need to.

Instavolts contract details are on their website.

 

have similar arrangements in pub car parks and that when access was restricted to the points during COVID that the land owner was in fact in breach of contract by doing so.

Possibly, but the bollards used by a local Toby during this period are used overnight when the inn is closed primarily to prevent traveller access.
Given the way travellers tend to 'spread' I wouldn't expect the charge points to be accessible in those circumstances either - so arguably the bollards maintain access!

 

Thanks for this, I've just received a £100 fine for the Instavolt chargers at KFC Nottigham Road Alfreton - I will appeal all the way!!

 

KFC Nottigham Road

For reference, these signs are prominently displayed at the charger site (photos taken a few months ago)

Although Instavolt can't give out a penalty charge, they do point out that existing parking restrictions apply.

 

Was the fine due to an over stay?

 

Yes - there is free parking for 90 minutes and i was over that by approx 15. But I must admit I didnt look at the car pparking charges because i was using Instavolt's space and was paying them

 

Can these chargers diverentiate between waiting in a queue and actualy charging and do'es the time start when you enter the park or not until you connect the charger

 

These car parks nearly always use ANPR these days, so the time limit applies from when you drive into the car park, and means there is no method to record your reason for being there. So if you overstay for any reason you can expect to receive the penalty invoice from the parking enforcement company.

 

I'm having a similar issue with the Pod point charger in Tesco in Barnstaple. So far I have been underwhelmed with the reply from Tesco and podPoint but I have appealed the charge and will await the outcome.

 

How long is the stay in the car park, how long were you there and was it on a rapid?

 

quite a while - 7 hours - it seemed to take a long time to charge. Using the 7KW charger and my ID3 on express.

Frankly I am quite disappointed by the lukewarm response to date from pod point and Tesco. You would think they would care more about heir customers.

 

So the "parking operator did not prove that they had authority from Instavolt to issue a fine for parking in a bay that was marked as operated by Instavolt." argument didn't work for my POPLA appeal, despite MET just sent in out of date pictures of the site (without the newly Instavolt bays etc.) as their "evidences". Instavolt is of no help whatsoever.

I think POPLA is now wising up to this, so another stronger argument is needed. I also put forth the argument where I disputed their definition of parking, since the car was charging so technically not parked and I remained in the vehicle, but that didn't work either. Of course they're welcome to put the case in front of a judge but I won't lose any sleep over that.

 

have you paid the 'invoice' or told them to shove it?

 

 

Hi Gareth, I'd be interested to hear more about this parking ticket while charging your car. Could you please email me at nicola.corrigan@bbc.co.uk
Many thanks,
Nicola

 

Hi Gareth
The same has just happened to me - I've been issued a £100 fine by ParkingEye while charging in a bp Pulse charging bay at a local hotel.
I was going to use the approach you helpfully set out above, which is to ask ParkingEye to provide evidence from bp Pulse that they have the authority to issue a PCN.
It would also be very helpful in my POPLA appeal if I could quote your case as a precedent. Do you have any details of the date of the appeal or the POPLA reference by any chance - anything I could use so that POPLA could retrieve their previous ruling?
Many thanks for your help,
Julian

 

Hi Gareth
The same has just happened to me - I've been issued a £100 fine by ParkingEye while charging in a bp Pulse charging bay at a local hotel.
I was going to use the approach you helpfully set out above, which is to ask ParkingEye to provide evidence from bp Pulse that they have the authority to issue a PCN.
It would also be very helpful in my POPLA appeal if I could quote your case as a precedent. Do you have any details of the date of the appeal or the POPLA reference by any chance - anything I could use so that POPLA could retrieve their previous ruling?
Many thanks for your help,
Julian

Hi Julian, I'd be interested to hear more about this parking ticket you received while charging your car. Could you please email me at rebecca.king01.ext@bbc.com
Many thanks,
Rebecca

 

Hi All,

I had the same issue with Euro Car Parks , I appealed the decision through POPLA using some of the suggestions i found here and added my own points from the much research i did and won the appeal on grounds related to 7.1 below because i told POPLA that i wanted to see the agreement signed between Euro Car Parks and EV charging operator. I just didn't say what the BPA code of practice is, I said I wanted to see the signed agreement.


Section 7.1 of BPA code of Practice clearly set this out. below is the whole section 7

7 Written authorisation of the landowner
7.1
If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.

7.2
If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

Me: I'm sure no EV charging operator will issue written authorisation for their customers to be taken to court

7.3
The written authorisation must also set out:
a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined
b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation
c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement
d who has the responsibility for putting up and maintaining signs
e the definition of the services provided by each party to the agreement

7.4
Our compliance team are responsible for making sure that you follow the Code. If the team give you reasonable notice, you must allow our appointed manager to inspect the landowner’s written authorisation.

I hope this helps someone
Cheers

 

I pulled into charge at one of 2 Instavolt charging bays at KFC which were both occupied so decided to wait; two more evs pulled in after me so I figured I had better not leave and lose my position. 45 minutes later a bay became free and I charged; charging started at 47kw, dropped to 23kw at 80% and then to 12kw at 88%. Yesterday I received a Penalty Notice for over staying by 8 minutes - there is absolutely no way to contact the company who run the parking except to use the "Appeal" button on there website. On the form you must attach any supporting documentation so I called Instavolt who told me it could take up to 5 days to provide me with that documentation BUT that Instavolt bays are subject to the same time limits as any other bay in the car parks. I have paid my fine but I believe it is a money-maker arrangement between the company that runs the car parks at all KFC outlets and Instavolt and for that reason I will not use Instavolt again; truth be told (however much I like my ev car) it was a big mistake and I look forward to getting a petrol/deisel one so I can "fill & go!"

 

Two potential lessons there: if the chargers are occupied think about moving on, and expect a slower rate over 80%

 

Nice first post…hope its not your last

 

A lot of car parks have restrictions and if you have to wait for a car to move before you can plug in it can be tight on time.

 

I may not be popular with this but I don't understand the logic of thinking
I will go in to this car park, past signs with terms & conditions, and then disagree with a fine if I breach them.

Note I have not said anything about what you're doing, in those premises.

Are you stopped waiting x time for little Jack + Jill to come out of the cinema across the road?
Are you taking ages to unload all the bottles and clothing bags at the recycle bins ?
Are you off for a walk around town as you've never been there before?
Or some other activity, and if it's an automatic is 99% likely to be in gearbox mode " Park "
If there's a WeBuyAnyCar kiosk and you're discussing potential sale of your car? Free parking when others have to pay £1 for 20mins?
If there's a Organised Car Wash area, you stay near or in the car the whole time, takes 20mins, then you park up in the bays right by it and go shopping for 2hr 50mins ----- ok to refuse to pay a Over-3hr-Surcharge??

But bottom line, you went in to premises managed by Parking Organisation ZZZ, Shop owned or outsourced.
Breach their rules, you should have to lump the cost.

I don't get why some people think just because bay X is marked for purpose Y, they can ignore any cost to be in those premises, despite no signs positively confirming their use case of bay X allows them to ignore.
You haven't driven out of the carpark, you've still in it, bay X is inside the overall area.


I don't wish to offend anyone at all, clearly some people in this thread DID think they can ignore, but --I don't get it.

 

I may not be popular with this but I don't understand the logic of thinking
I will go in to this car park, past signs with terms & conditions, and then disagree with a fine if I breach them...

I agree with your sentiments, but the rules in car parks are often unclear. If you are parked on a charger then it may be a reasonable assumption that the space provided specifically for that purpose is operated by the charger network, under specific rules for the charging of a car, and not as per the car park. Unless of course, there is sign that says the rules are the same.

 

The poster above freeloading for 7 hours deserved all he got. Hopefully now Tesco have stopped free charging this behaviour will stop.

 

And I'm okay with differences in understandings, makes us interesting.

I do think tho the main difference is
those who think there's a charge point as a mini country despite you've driven in to the carpark to reach it.
and
those who think there's a carpark first, which happens to have a couple of bays with charge facility like some have a blue badge facility

 

I've just received a PCN from euro car parks for a 20 minute stay at an Instavolt rapid charger in Huddersfield on a Sunday evening when all the shops were shut and the car park was deserted.

My son needed to charge after a long trip and only went to that charger because all the Geniepoint chargers in council car parks were broken. He didn't leave the car and only stayed until he'd got enough charge. He didn't realise he needed to pay for parking because he didn't see the signs and because parking is free whist charging at all the other chargers in Huddersfield.

I think we're going to appeal but are not sure of the best approach to take.

 

Might be worthwhile contacting Instavolt. At some locations they appear to have arranged something to allow charging, but ANPR hasn't been configured correctly; at others, there are parking restrictions. Car parks, businesses, supermarkets are all serious risks for a PCN - particularly if they're closed. EV charging is not like refuelling an ICE on a garage forecourt (you can even get a PCN on a garage forecourt). The dwell-time for charging is considered to be parking.


Note that a PCN is not a 'fine'; it's an invoice to pay.

 

I'd strongly recommend Pepipoo forums, they are very knowledgeable and there are many threads you can see previous cases / templates etc.

Do your research BEFORE appealing, don't admit to being the driver.