Witness statement - court hearing imminent

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