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  • FIRST POST
    • beauty_in_colour
    • By beauty_in_colour 8th Jul 18, 10:37 PM
    • 30Posts
    • 5Thanks
    beauty_in_colour
    Witness statement - court hearing imminent
    • #1
    • 8th Jul 18, 10:37 PM
    Witness statement - court hearing imminent 8th Jul 18 at 10:37 PM
    I would be grateful if you would cast your eye over this witness statement which i prepared on behalf of my son who is dyslexic

    IN THE xxxx COUNTY COURT CLAIM NO: xxxxxx

    Case: National Parking Management 1st Claimant vs Mr xxxx
    Claim Number: xxxxx
    Date: xxx
    In the County Court of xxxx

    Xxxx 2018


    STATEMENT OF xxxxxx

    1. I, xxxxx, of xxxx, acting on behalf of

    the Defendant will say as follows:-

    2. It is admitted that the Defendant is the registered keeper of the vehicle in

    question.

    The Defendant is also a resident of xxxxx, where the offence is claimed

    to have been committed and the vehicle is registered to the defendant at

    Xxxxxx

    3. Exhibited to this Witness Statement are the following documents which the

    Defendant intends to rely upon.

    i) The letter from xxxxx the management agents informing residents of their intention to monitor non-resident parking at xxxxx

    ii) The Tenancy agreement issued to the tenants of xxxxx This is not included in this statement pack and will be provided in court. If the Claimant does not show up in court they will have the tenant!!!8217;s information which may breach data protection.


    4. The Claimant has no cause for action because National Parking Management

    (NPM) have not acted in accordance with the spirit of the letter that was sent to

    all residents of xxxxxx (the managing agents) on

    X September 2016.

    NPM have applied their powers unreasonably by taking enforcement action

    against bona fide residents. The letter from xxxx states clearly that

    NPM were put in place to deter non-residents from abusing the free parking

    rightfully available to residents of xxxx.

    Furthermore all parking permits clearly display the vehicle owner!!!8217;s address and

    it is contended that this is not only unsafe but is also a security risk and in direct

    contravention of the data protection act 1998.


    5. NPM!!!8217;s one size fits all policy of imposing penalties to residents as well as non-

    residents is morally wrong and not in accordance with their mandate which was

    to monitor and control the parking at xxxx. The Defendant is of the

    view that more appropriate methods of differentiating between residents and

    non-residents could have been applied particularly as NPM appears to have

    access to DVLA records of registered vehicles and their owners.


    6. The defendant is of the opinion that NPM is not acting in the interest of the

    residents of xxxx by protecting them as mandated but have effectively

    turned residents into sitting duck cash cows from which a regular source of

    profitable income is to be made.


    7. NPM has stepped outside it!!!8217;s remit by passing on the Defendant!!!8217;s details to

    third party debt collection agencies who have sent harassing and threatening

    letters. This contravenes the Data Protection Act of 1998, and the GDPR which

    comes into effect in 2018


    8. The Defendant feels that the penalties are not fines as NPM are not mandated

    to fine residents. These penalties are in effect invoices issued for failure to

    display a parking permit which has already been issued to residents. Non-

    residents do not have parking permits and so by definition residents posses a

    permit and must not be made to pay for failing to display them. The defendant

    challenges the legal rights of NPM to impose such penalties and totally rejects

    these invoices.


    9. The letter from the management agents states quite clearly that all residents

    would be issued with permits and nowhere is it implied or stated that fines would

    be issued. Furthermore NPM were required to issue permits to ALL residents but

    failed to do so. The Defendant asserts this has left him between a rock and a

    hard place.

    10. The Defendant asserts his right to quiet and peaceful enjoyment of the

    parking spaces available to residents of xxxx under the tenancy

    agreement with the management company and by supremacy of contract is

    under no moral or legal obligation to display any sort of permit or required to

    pay any sort of parking !!!8216;fine!!!8217;. Pace v Mr N [2016], C6GF14F0 [2016].


    11. The Defendant also states that he succumbed to pressure after being issued

    with a County Court Claim and in panic paid an amount of xxx in respect of 2

    PCNs. It is the intention of the Defendant to counter claim for a refund of this

    amount should his defence be successful.


    12. It should be noted that National Parking Management no longer operate in

    the xxx area and as such their agreement with xxxx is no

    longer effective. All signs and notices concerning the NPM parking enforcement

    Contract have been taken down. Therefore the Defendant feels that the claimant

    has no cause for action.


    I believe that the facts stated in this witness statement are true.


    Signed:________________________________


    Date:____________________________


    Xxxx
    Xxxxx
    Xxxxxx
    Last edited by beauty_in_colour; 08-07-2018 at 11:02 PM.
Page 1
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 12:58 AM
    • 61,698 Posts
    • 74,600 Thanks
    Coupon-mad
    • #2
    • 10th Jul 18, 12:58 AM
    • #2
    • 10th Jul 18, 12:58 AM
    You don't need
    1st Claimant
    as there is only one claimant.

    have effectively turned residents into sitting duck cash cows
    I like that, and I like this WS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • KeithP
    • By KeithP 10th Jul 18, 1:07 AM
    • 9,289 Posts
    • 9,551 Thanks
    KeithP
    • #3
    • 10th Jul 18, 1:07 AM
    • #3
    • 10th Jul 18, 1:07 AM
    1. I, xxxxx, of xxxx, acting on behalf of

    the Defendant will say as follows:-
    Surely it should be the Defendant making this Witness Statement?

    Yes, you can be an additional witness in your own right, if appropriate.
    .
    • Coupon-mad
    • By Coupon-mad 10th Jul 18, 1:14 AM
    • 61,698 Posts
    • 74,600 Thanks
    Coupon-mad
    • #4
    • 10th Jul 18, 1:14 AM
    • #4
    • 10th Jul 18, 1:14 AM
    Good spot, KeithP. Someone who is dyslexic is capable of filing & signing their own WS and a third party (not even a lay rep relative) can do it for them in another name.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • beauty_in_colour
    • By beauty_in_colour 10th Jul 18, 6:12 AM
    • 30 Posts
    • 5 Thanks
    beauty_in_colour
    • #5
    • 10th Jul 18, 6:12 AM
    • #5
    • 10th Jul 18, 6:12 AM
    Thank you Keith P and coupon mad, good spot and I appreciate that. I also wrote to the court to request that I attend with my son and act as a lay representative. It is up to the judge to allow this . I am going through every detail with my son in case he has to speak for himself on the day. He is a nervous young man and has the tendency to come across as incoherent and angry. This whole saga has made him really depressed.
    • IamEmanresu
    • By IamEmanresu 10th Jul 18, 6:19 AM
    • 3,299 Posts
    • 5,559 Thanks
    IamEmanresu
    • #6
    • 10th Jul 18, 6:19 AM
    • #6
    • 10th Jul 18, 6:19 AM
    You'd be best to keep this to your other thread where there is a lot more information.

    Splitting your case over 2 (or more) threads usually leads to missing a vital point.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
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