Private EV bay PCN — POPLA grounds (no contract, no GPEOL, ANPR errors)
Private EV bay PCNs (APCOA, ParkingEye, Smart Parking, EVBM on supermarkets, station car parks, retail parks) are contractual not statutory. They must (1) be commercially justified per ParkingEye v Beavis [2015] UKSC 67, (2) display clear signage forming a contract, (3) correctly identify the keeper. Common defects: no contract formed, signage too small, ICE prohibition not contracted, ANPR misread.
Legal basis
ParkingEye Ltd v Beavis [2015] UKSC 67; Protection of Freedoms Act 2012 Schedule 4; British Parking Association / IPC Code of Practice; Consumer Rights Act 2015
How to identify this in your case
Confirm operator = private (letterhead, no council logo). Photograph entrance and bay signage. Check sign font size and terms. Check NTK strict POFA compliance.
Sample appeal wording
Dear POPLA / IAS Adjudicator, Re: Parking Charge [REF] — [OPERATOR] — [SITE] I appeal on the following grounds: 1. NO CONTRACT FORMED — The signage at the entrance and within the car park was not sufficiently prominent, clear, or legible to form a contract under Beavis principles. 2. NOT GPEOL OR COMMERCIALLY JUSTIFIED — The £85/£100 charge for parking in an EV bay where I caused no demonstrable loss is not commercially justified. 3. POFA 2012 NON-COMPLIANCE — The Notice to Keeper [fails mandatory wording / out of time / does not identify the period of parking]. 4. NO BREACH — [If applicable: I was actively charging / I am an EV / no clear EV-only restriction in displayed terms]. 5. ANPR EVIDENCE UNRELIABLE — Operator must produce timestamped, location-verified images and demonstrate cameras are calibrated per BPA/IPC Code. I invite the Adjudicator to allow the appeal. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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