EV bay overstay — TRO max-stay vs reasonable charging time

Some EV bays impose a maximum stay (often 2 or 4 hours) AFTER charging completes. Where the vehicle was charging for the bulk of that time and the overstay is a few minutes due to slow charge curve / charger session ending unexpectedly, councils should exercise discretion. The TRO must specify whether the time runs from session start or session end.

Legal basis

TMA 2004 s.78; specific TRO max-stay clauses; DfT Statutory Guidance to Local Authorities on Civil Enforcement of Parking Contraventions (March 2022) — councils must apply discretion, particularly for EV charging contexts where slow chargers may take 4+ hours

How to identify this in your case

Charging session log showing charging duration. PCN time vs end of charging session. TRO wording on what 'overstay' means.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear Sir/Madam, Re: PCN [NUMBER] — EV Bay Overstay — [DATE] I request the Council exercise discretion. My vehicle was charging for [X] of the [Y]-hour permitted stay. The session log from [CPO] is attached. The purpose of EV bay max-stay clauses is to prevent abandoned/finished cars blocking bays. My vehicle was actively charging and the [X]-minute period after completion was due to [reason — e.g. delay returning to vehicle, charge curve plateau]. The DfT Statutory Guidance directs councils to apply discretion fairly. A short, charging-related overstay should not attract a PCN. Please cancel. Yours faithfully, [NAME]

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EV bay overstay — TRO max-stay vs reasonable charging time

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps