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#Post#: 128974--------------------------------------------------
ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: natalia
Date: August 26, 2026, 3:35 pm
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Hi
Gemini has provided me with a defence to a parking eye charge
from 2021 recorded a legal claim against me dated 21st August.
My ex partner was driving the car, he came to pick me up and
didn’t actually park or leave the car.
Defence compiled by Gemini below, is this ok?
1. The Defendant was the Registered Keeper of the vehicle
registration mark WL14JMO on the material date. The Defendant
was not the driver of the vehicle at the time of the alleged
contravention.
2. The Particulars of Claim are vague, non-compliant with CPR
16.4, and fail to specify the precise contractual terms
allegedly breached or how the sum of £170.00 has been
calculated.
3. No Parking Occurred / Breach of Grace Period: The vehicle did
not "park" at the premises. The driver merely stopped briefly to
pick up the Defendant (a passenger) while remaining seated in
the running vehicle throughout. Under the relevant accredited
parking association Code of Practice (BPA/IPC), parking
operators are mandatory required to allow a minimum grace period
for vehicles entering a site to set down, pick up, or decide
whether to accept the displayed terms. Stopping momentarily for
a pick-up does not constitute forming a contract to park.
4. No Keeper Liability (PoFA 2012): The Claimant has failed to
satisfy the strict statutory conditions under Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA 2012) to hold the
Registered Keeper liable for the driver's alleged debt. The
Defendant is under no statutory obligation to identify the
driver, and as the Claimant cannot prove who was driving, the
claim against the Keeper must fail.
5. Abuse of Process / Unlawful Debt Charges: The Claimant has
added an arbitrary charge (typically £60–£70) for
"damages/costs" to the original £100 statutory cap for private
parking charges. This constitutes double recovery, violates the
Protection of Freedoms Act 2012 Schedule 4 (which caps recovery
at the original parking charge notice amount), and represents an
abuse of the court process.
6. Accordingly, the Defendant denies that the Claimant is
entitled to the relief sought, or any relief at all, and
respectfully requests that the Court dismiss this claim.
#Post#: 128975--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: DWMB2
Date: August 26, 2026, 3:41 pm
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We can't advise you as to the quality of a proposed defence, if
we haven't seen the Particulars of Claim the defence is
responding to.
To help us provide the best advice, please read the following
thread carefully and provide as much of the information it asks
for as you are able to: READ THIS FIRST - Private Parking
Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 128985--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: InterCity125
Date: August 27, 2026, 2:36 am
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Initially we need to see;
1. The original PCN issued by Parking Eye - given the date it
will not be POFA compliant and we can provide specific case
evidence to support that point.
2. The Particulars of Claim - for the reasons already stated in
the previous post.
#Post#: 128987--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: natalia
Date: August 27, 2026, 3:05 am
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Hi thanks for your responses.
I don’t have the original pcn as I disregarded them as advised
to do by all my friends due to it being a non council charge
:'(
The particulars of claim:
1. The Defendant (D) is indebted to the Claimant (C) for a
Parking Charge (PC) issued to vehicle WL14JMO at Marston?s Pubs
Wynnstay Arms Hotel.
2. The date of contravention is 14/08/2021 and the D was issued
with a PC by the Claimant
3. The Defendant is pursued as the driver of the vehicle for
breach of the terms on the signs (the contract). Reason: Vehicle
Remained on Private Property In Breach Of The Displayed T&Cs.
4. In the alternative the Defendant is pursued as the keeper
pursuant to POFA 2012, Schedule 4.
AND THE CLAIMANT CLAIMS
1. £170.00 being the total of the PC and damages.
2. Interest at a rate of 8.00% per annum pursuant to s.69 of the
County Courts Act 1984 from the date hereof at a daily rate of
£0.03 until judgment or sooner payment.
3. Costs and court fees
#Post#: 128988--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: natalia
Date: August 27, 2026, 3:07 am
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To confirm, I was not the driver at the time. I was being picked
up by my partner who didn’t park either, he’s unsure of how long
he was in the car park without the original pcn to refer back to
but he didn’t leave the vehicle so wasn’t long.
#Post#: 128989--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: jfollows
Date: August 27, 2026, 3:19 am
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You can send a Subject Access Request to Parking Eye asking for
all the personal information they hold on you, which will
include the original PCN.
#Post#: 128991--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: DWMB2
Date: August 27, 2026, 3:30 am
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Can you show us the actual form?
Are ParkingEye using DCB Legal, or are they running the claim
themselves?
#Post#: 128992--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: natalia
Date: August 27, 2026, 3:47 am
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I’m so sorry how do I upload a photo?
#Post#: 128993--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: jfollows
Date: August 27, 2026, 3:55 am
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--- Quote from: natalia link ---
>
> I’m so sorry how do I upload a photo?
>
--- End Quote ---
Read the READ THIS FIRST as previously advised.
#Post#: 128995--------------------------------------------------
Re: ParkingEye - Wynnstay Arms Wrexham - Proposed Defence Check
DIR By: natalia
Date: August 27, 2026, 4:56 am
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HTML https://ibb.co/F452x1dF
HTML https://ibb.co/F452x1dF[img]https://ibb.co/F452x1dF[/img]
Think that’s correct thank you
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