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contractUK · England & WalesDifficulty: moderate

ICE-ing dispute — vehicle was a PHEV/range-extender or no ICE prohibition contracted

'ICE-ing' is a non-EV occupying an EV bay. Operators (EVBM, ChargePoint, BP Pulse) charge for it. Defences: bay sign did not unambiguously prohibit non-EVs; vehicle was a PHEV (which is an EV); the time was outside any restriction. Operator policy varies widely.

Legal basis

ParkingEye v Beavis [2015] UKSC 67; Consumer Rights Act 2015 s.62; Protection of Freedoms Act 2012 Schedule 4; OZEV public charging guidance

How to identify this in your case

Photograph all signage. Check V5C and propulsion class. Verify whether signage specifically prohibits ICE / specifies EV-only. Plug-in hybrids are EVs for charging-bay purposes.

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 POPLA Adjudicator, Re: Parking Charge [REF] — [OPERATOR] 1. The operator alleges 'ICE-ing'. I deny that the contractual terms were sufficiently brought to my attention to form a binding contract prohibiting non-EV parking. 2. Sign wording: '[exact wording]'. This wording does not unambiguously prohibit non-EV use. 3. [If applicable: My vehicle is a plug-in hybrid (V5C attached). PHEVs are EVs for charging-bay use.] 4. POFA 2012 Schedule 4 compliance is challenged: [defects]. 5. The £100 charge is not commercially justified. I invite the Adjudicator to allow the appeal. Yours faithfully, [NAME]

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ICE-ing dispute — vehicle was a PHEV/range-extender or no ICE prohibition contracted

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps