Witness Statement for PCN

contactramemail

counter claim is not included in witness statement, but I had already paid fee and submitted the counter claim.

contactramemail

I will remove 4 completely. thanks

contactramemail

yes, 2 tenants will attend the hearing and have simple version of their witness statement to confirm me as a legit visitor and confirm that they never received parking permits and also a confimation statement about primacy of contract. thanks

Coupon-mad

As it will cost you no more (and you have paid a fee for it) I am wondering if there is ANY element of your counter-claim that you can bring forward as it costs nothing.

You can't claim for trespass or tortious interference with someone else's property, but what else exactly did your counter-claim say? Wondering about just pursuing part of it, as there is no risk.

contactramemail

I had 2 more items as below.

4. 500 as expenses towards my effort to prepare and respond to!notices sent by claimants respondents for last 8 months.

5. £300 in accordance with the Data Protection Act 1998 Section for!unlawfully obtaining and processing my personal details in a!manner likely to result in damage or distress!
The claimant obtained my details from the DVLA database in breach!of its Keeper at Day of Event contract that it must have a reasonable cause.
Ignoring my request to claimants respondents in accordance with!GDPR2016/18 to give me the details about how they illegally!obtained my personal data, details of data storage location and!security of my personal data, and how my personal data was!processed.

I have prepared table for expenses listing number of hours spent everytime I had to write to them and also preperarion for the defence and witness statment etc.

contactramemail

They have submitted their defence for the counter claim. For tortorous interference point they have defended in the lines lije "Defendant has not provided any information to show it was caused by their action and they dont believe "

Coupon-mad

OK but as I said, you can't claim for trespass or tortious interference with someone else's property.

However why not do a WS that concentrates on this:

contactramemail wrote: »

I had 2 more items as below.

5. £300 in accordance with the Data Protection Act 1998 Section for!unlawfully obtaining and processing my personal details in a!manner likely to result in damage or distress!
The claimant obtained my details from the DVLA database in breach!of its Keeper at Day of Event contract that it must have a reasonable cause.

Ignoring my request to claimants respondents in accordance with!GDPR2016/18 to give me the details about how they illegally!obtained my personal data, details of data storage location and!security of my personal data, and how my personal data was!processed.

You'd need to explain in your WS under a 'counter claim' heading, how this data was wrongly used and why they should not haev had it in the first place. Can you confidently argue there was not reasonable cause to get your data? You will struggle IMHO unless you can show there was NO reason to issue a PCN at all and thus, no reason to get keeper data - assuming they did...and that you didn't hand them your data in an appeal to a windscreen PCN at the start?

Do you understand and can you argue using Vidall Hall v Google? That's the case authority to show you can claim for distress alone.

You would also need to evidence your 'significant distress' (medical notes?) Emails to people at the time, social media distress posted at the time? How else will you show significant distress?

Think through whether you can actually do any counterclaim at all - although I am frustrated that you have paid a fee for it so I tend to think, argue it if you possibly think you can, as it's a no-brainer. You've started (and paid for it) so you finish, given there will be a hearing anyway you may as well have your go, too.

I have prepared table for expenses listing number of hours spent everytime I had to write to them and also preparation for the defence and witness statement etc.

Good - but that's a costs schedule, not a counterclaim.

contactramemail

thanks again. Please let me know if below looks good?

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[FONT=Helvetica, sans-serif]1. My counter claim is based on the notion that the ticket should never have been issued as Claimant didn’t have valid contract, since[/FONT]
[FONT=Helvetica, sans-serif]a). The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to s37 of the Landlord & Tenant Act 1987, and tenants are unaware of any such vote having been passed by the residents, including myself which I was resident of the Flat1 for 5 years till Aug 2017(Exhibit F – Witness Statements from Tenants). [/FONT]
[FONT=Helvetica, sans-serif] b). I believe that any parking management company with a legitimate interest in protecting the parking rights of a residential space – parking management company provide the parking permits to the tenants, here most of the tenants have never received any permits (Exhibit F – Witness Statements from Tenants).[/FONT]

[FONT=Helvetica, sans-serif]2. I firmly believe they have breached Data Protection Act 1998 & GDPR 2016 by unlawfully obtaining and processing my personal details which resulted in a significant distress (Exhibit H) and claimed for the breach of Data protection act.[/FONT]
[FONT=Helvetica, sans-serif] a). The defence to counter claims states at para 13: “The processing of data has not unjustifiably had a negative effect on the Defendant”.[/FONT]
[FONT=Helvetica, sans-serif] i).Under s.13 DPA ‘compensation’ is due to any person if the Data Controller (in this case the claimant) breaches any requirement of the DPA. There is no need to prove damage, see ​Google Inc v Vidal-Hall & Ors​ [2015] EWCA Civ 311.[/FONT]
[FONT=Helvetica, sans-serif] ii). There is no requirement in law to prove distress and it is not possible tomitigate distress. In​ Ittihadieh v 5-11 Cheyne Gardens RTM CompanyLtd& Ors​ [2017] EWCA Civ 121 Lewinson LJ said at para 60:[/FONT]
[FONT=Helvetica, sans-serif] “Section 13 (1) entitles an individual to compensation for any damage suffered as a result of any contravention by a data controller of any ofthe requirements of the DPA. Section 13 (2), as drafted, entitles anindividual to compensation for distress, but only if he has also suffered damage. However, in Vidal-Hall v Google Inc [2015] EWCACiv 311, [2015] 3 WLR 409 this court held that section 13 (2) shouldbe disapplied because it conflicted with the rights guaranteed by theCharter of Fundamental Rights of the European Union. It follows that an individual is entitled to compensation for distress he suffers as aresult of any contravention of the DPA, whether or not he also suffers damage.[/FONT]”
[FONT=Helvetica, sans-serif]b). Claimant have failed to respond to my application of SAR dated 13th March 2019, which clearly shows they don’t have any regard for the data protection laws.[/FONT]
c). [FONT=Helvetica, sans-serif]More details with Claimants actions and impact in timeline are provided in Exhibit – H.[/FONT]



==

In Exhibit - H, I have explained personal circumstances and their notices impact on my personal life in a timeline. I have hospitalization records of myself and my family.

Since I have already paid the fee's was considering to will pursue all the counter claim points, as you said not much to loose.

Coupon-mad

Sounds very good - I believe that IS worth arguing, the way you have shown it.

Make sure you sign BOTH sections of the Witness Statement, as they are separate.

contactramemail

I have taken most of the sections from the other wonderful members in the forum, a big thanks to all those.



Thanks a lot for your help, really appreciate it.