Electric Vehicle Charging Bay - Defective Designation
Many local authorities have designated EV charging bays. The designation requires by-law amendment, compliant signage (RUS-014A or specific EV-only sign), and clear road markings. EV-bay enforcement against ICE vehicles requires both that the bay was designated AND that the vehicle was not actively charging. ICE vehicles parking in EV bays where the designation is procedurally defective have a defence; EVs that were actively charging have an absolute defence; EVs that had finished charging may have a partial defence depending on the bay rules.
Legal basis
Local Government Act 2001 ss.199-204; Road Traffic (Signs) Regulations 1997; relevant local authority by-laws on EV charging bays (post-2020 amendments).
How to identify this in your case
Photograph signage, road markings, charging connector status. Check by-law for the specific location.
Sample appeal wording
To: [Issuing Authority] Re: FCN [NUMBER] - 'Parking in EV Charging Bay' [SELECT] A. EV CHARGING The vehicle is an electric vehicle and was actively charging at the time of the FCN. Charging session log enclosed (start [TIME], end [TIME]). B. ICE WITHOUT VALID DESIGNATION The bay at [LOCATION] is not validly designated as an EV charging bay. [Specify defect: by-law not made / signage non-compliant / road markings missing]. Photographs enclosed. C. EV NOT IN BREACH The bay rules permit [specify: 90-minute parking after charging / overnight non-charging / EV occupation]. The vehicle was within those rules. Photo of bay rules sign enclosed. Cancel the FCN. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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