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Afternoon Beagles,
I received a final notice letter from Empira this afternoon regarding an alleged parking offence involving my vehicle. They are claiming there is an outstanding debt of £160 owing to Local Parking Security Ltd. I have no intention of paying this and will defend my position, but to begin with I wanted to get some advice about responding to this letter (if at all).
I have drafted the following with the help of ChatGPT support and wanted to get some advice on recommended changes please.
I am writing in response to your Take Formal Notice letter dated 24/05/2024, in which you claim that a parking charge of £160 is owed due to my vehicle being parked without a valid ticket displayed.
Please be advised that I am the registered keeper of the vehicle in question; however, I was not the driver at the time of the alleged contravention. As such, I dispute any liability for this alleged debt.
Under UK law, specifically the Protection of Freedoms Act 2012, Schedule 4, liability for unpaid parking charges can be transferred to the keeper of the vehicle only if certain conditions are met. These include, but are not limited to, providing clear and specific information about the parking charges and the alleged contravention, as well as adhering to strict timelines for issuing the notice to keeper. To date, I have not received any such notice that complies with the requirements set out in Schedule 4.
Moreover, the case of ParkingEye Ltd v Beavis [2015] UKSC 67 established that any parking charge must be fair and not punitive. In my opinion, the sum of £160 is excessive and disproportionate to any alleged breach of contract, further invalidating your claim.
In light of the above, I request that you provide the following information:
1. Proof that the driver of the vehicle at the time of the alleged contravention was aware of the terms and conditions of parking.
2. Evidence that the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have been met in full.
3. A detailed breakdown of the charges and how they were calculated.
Until such time as you can provide this information, I consider this matter to be in dispute. Furthermore, I do not give consent for my personal data to be processed any further in relation to this alleged debt.
Should you fail to provide the requested information within 14 days, I will have no option but to consider the matter closed. Please be aware that any further harassment or attempt to collect this disputed debt may result in a formal complaint to the Financial Ombudsman Service and the Information Commissioner's Office.
I trust this clarifies my position. I look forward to your prompt response.
Yours faithfully,
Any suggested changes welcome! My intention is to post it first class with proof of sending from the post office.
Thanks
OJ
I received a final notice letter from Empira this afternoon regarding an alleged parking offence involving my vehicle. They are claiming there is an outstanding debt of £160 owing to Local Parking Security Ltd. I have no intention of paying this and will defend my position, but to begin with I wanted to get some advice about responding to this letter (if at all).
I have drafted the following with the help of ChatGPT support and wanted to get some advice on recommended changes please.
I am writing in response to your Take Formal Notice letter dated 24/05/2024, in which you claim that a parking charge of £160 is owed due to my vehicle being parked without a valid ticket displayed.
Please be advised that I am the registered keeper of the vehicle in question; however, I was not the driver at the time of the alleged contravention. As such, I dispute any liability for this alleged debt.
Under UK law, specifically the Protection of Freedoms Act 2012, Schedule 4, liability for unpaid parking charges can be transferred to the keeper of the vehicle only if certain conditions are met. These include, but are not limited to, providing clear and specific information about the parking charges and the alleged contravention, as well as adhering to strict timelines for issuing the notice to keeper. To date, I have not received any such notice that complies with the requirements set out in Schedule 4.
Moreover, the case of ParkingEye Ltd v Beavis [2015] UKSC 67 established that any parking charge must be fair and not punitive. In my opinion, the sum of £160 is excessive and disproportionate to any alleged breach of contract, further invalidating your claim.
In light of the above, I request that you provide the following information:
1. Proof that the driver of the vehicle at the time of the alleged contravention was aware of the terms and conditions of parking.
2. Evidence that the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have been met in full.
3. A detailed breakdown of the charges and how they were calculated.
Until such time as you can provide this information, I consider this matter to be in dispute. Furthermore, I do not give consent for my personal data to be processed any further in relation to this alleged debt.
Should you fail to provide the requested information within 14 days, I will have no option but to consider the matter closed. Please be aware that any further harassment or attempt to collect this disputed debt may result in a formal complaint to the Financial Ombudsman Service and the Information Commissioner's Office.
I trust this clarifies my position. I look forward to your prompt response.
Yours faithfully,
Any suggested changes welcome! My intention is to post it first class with proof of sending from the post office.
Thanks
OJ
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