OK some really Good news my EV charge is now fixed.
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It schedule charges overnight consistently.
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It charges from SOLAR excess during the day consistently or at least it has over the las 4 days.
it automatically varies as the excess solar changes as you would expect.
Note:
After the setup is correctly done by support you do not need to touch the EV charger or change anything other than plug the car in.
My O/N schedule is setup Mon - Sun 02am - 05am. If the car is plugged in it will charge from grid.
"Using the RFID card on the EV charger will instigate a plug and go charge " which will use solar and grid up to 7kw immediately.
So basically remove the cable from EV if you do not want it to charge overnight
I must thank Matt Butler in second line for sorting the issue and Matt from DES renewables my installer for all their hard work.
Matt B has recorded all the settings in case of any future resets or firmware changes that may change the settings so that 1st line can refer to them.
DES did fit an additional clamp and meter on the EV charger which was not on the original install not sure if this has anything to do with it , thanks again DES.
My setup is 2 panel arrays, fronius inverter, Solis Inverter linked to a Givenergy A/C coupled inverter, 2x 9.5 Givenergy Batteries and a Givenergy EV charger. Plus 1 x Givenergy plug(spa)
Great News