No Traffic Regulation Order (TRO) for EV bay
A council can only issue a PCN for parking in an EV charging bay if a valid Traffic Regulation Order (TRO) is in force designating that specific bay as restricted to EVs/charging vehicles. Without a current, lawfully made TRO under the Road Traffic Regulation Act 1984, the contravention does not legally exist and the PCN must be cancelled. Many councils have rushed EV bay rollouts and either have no TRO at all, have a draft/expired order, or the TRO does not match the on-street markings.
Legal basis
Road Traffic Regulation Act 1984 s.1; Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489); Traffic Management Act 2004 s.78
How to identify this in your case
FOI the council asking for: (1) the consolidated TRO covering the specific EV bay, (2) the date it was sealed and came into force. If the council cannot produce a valid TRO matching the bay markings, the PCN is unlawful.
Sample appeal wording
Dear Sir/Madam, Re: PCN [NUMBER] — Vehicle [REG] — [DATE] I formally challenge this PCN on the ground that the contravention is not established in law. A PCN for parking in an EV charging bay can only be issued where a valid and current TRO, made under s.1 RTRA 1984 and following the procedure in the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, is in force. Under s.78 TMA 2004, civil penalties are only enforceable where the underlying restriction is lawfully imposed. I require the Authority to produce, as part of its evidence pack, the consolidated TRO covering bay [LOCATION] including its sealing date and confirmation that the on-street signage and markings comply with the TRO and TSRGD 2016. If the Authority cannot produce a valid TRO matching the markings on the date of the alleged contravention, this PCN must be cancelled. I reserve the right to escalate to the Traffic Penalty Tribunal / London Tribunals. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticket