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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: parkingmadness on May 19, 2025, 11:49:47 am

Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: Incandescent on May 19, 2025, 06:01:51 pm
As I see it, the key fact is the PCN times come after the phone payment was made. Clearly there was a delay in their system transmitting info to the CEO terminals. This might be because these HH terminals rely on network coverage that may not be good at the location concerned.
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: stamfordman on May 19, 2025, 01:48:04 pm
Looks fine to me. You could wait for others just in case but it seems cut and dried.
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: parkingmadness on May 19, 2025, 01:04:09 pm
Sorry I misunderstood - just a big lay-by with that parking board but there should also be proper parking signs.

There was only that one sign which I posted, then lots of little smaller signs with the parkbyphone details.

Is this further grounds to dispute the PCN?

If not, I'll go ahead and send my draft email letter as above, unless you recommend otherwise.

Thanks

Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: stamfordman on May 19, 2025, 01:00:08 pm
Sorry I misunderstood - just a big lay-by with that parking board but there should also be proper parking signs.
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: parkingmadness on May 19, 2025, 12:54:20 pm
They've issued an on-street code 06 contravention so I presume you were in a parking bay with a parking sign? Do you have a picture of the bay sign?

No pic of the immediate area. But there were identical signs to the one I posted saying the location code and to pay by parkbyphone.

It wasn't a bay, it was in a lay by.

Thanks
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: stamfordman on May 19, 2025, 12:51:15 pm
They've issued an on-street code 06 contravention so I presume you were in a parking bay with a parking sign? Do you have a picture of the bay sign?

As you point out the contravention of not displaying is a nonsense where there is also electronic payments and not paying the parking charge is presumably the accurate contravention here. The contravention description 06 hasn't been updated for virtual 'display'.
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: parkingmadness on May 19, 2025, 12:34:35 pm
The car VRM and paybyphone location check out so this looks like the session hadn't reached the CEO's online check as it was a fairly short gap, assuming they did check.

Their pics not online but the other assumption is you were parked in a parking place covered by the location code.

So a simple challenge enclosing the receipt should see this off.

Thanks a lot!

Here's my draft.

Dear Gwynedd Council,

(Car reg)
(Penalty charge number)
(Date of alleged contravention

I write in response to a PCN received on (date), (time), (location).

I believe the ticket was incorrectly issued as I paid for the parking at 12.15pm, for 6 hours and was successful. Please refer to the attached receipt. The civil enforcement officer issued a ticket for an alleged violation occuring from 12.19 to 12.24pm. You will appreciate that this was AFTER I paid for parking at 12.15pm.

I can only suggest that evidence of payment had not reached the CEO's handheld device when the PCN was issued.

I would be grateful for your confirmation that the PCN is cancelled.

Yours faithfully

(Name)

As you suggest, I have only included a picture of the receipt. I don't want the council to pick holes if I attach a picture of the parking sign.

What do you think of the letter and the above comment?

Thanks
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: stamfordman on May 19, 2025, 12:26:42 pm
The car VRM and paybyphone location check out so this looks like the session hadn't reached the CEO's online check as it was a fairly short gap, assuming they did check.

Their pics not online but the other assumption is you were parked in a parking place covered by the location code.

So a simple challenge enclosing the receipt should see this off.
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: parkingmadness on May 19, 2025, 12:08:58 pm
Hello, thanks for your quick reply.

As requested - https://imgur.com/a/CFNjRLc

Thanks
Title: Re: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: stamfordman on May 19, 2025, 12:05:56 pm
Let's see the receipt for the session that covers the PCN time.
Title: Code 06 - PCN from Gwynedd Council - near Pen y Pass.
Post by: parkingmadness on May 19, 2025, 11:49:47 am
Hello

Council name - Gwynedd Council
Alleged contravention - 'parked without clearly displaying a valid pay and display ticket or voucher (H) Code 06'
Location - A498, near Pen-y-Pass.
https://maps.app.goo.gl/aqgkPr7vPt2eZUtD8
Bear in mind the street view is over 2 years old so the picture of the sign I took are more relevant

Pictures of PCN - https://imgur.com/a/lHfn6to
Picture of the sign (located hundreds of metres away from where I parked) https://imgur.com/a/4XdtA50
Picture of receipt of payment - https://imgur.com/a/CFNjRLc
Case - simply put, I paid for the parking using the parkbyphone app at 12.15pm, 15 May 2025.
See receipt above, paid for 6 hours at 12.15pm
Received the ticket at 12.25 (alleged violation occurred from 12.19 to 12.24.

As I am using an app to pay there cannot be a violation that I parked without DISPLAYING a ticket. That defeats the point of paying by the app.

There is an option to use the ticket machine and pay by coins but elected to use the app.

I want to make sure I'm not going crazy- is this a case of an overzealous CEO?

There are no council pictures/evidence to view.

I would be grateful for your advice on this PCN. It seems clear cut to me, but your counsel and experience is much appreciated!

Thanks