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#Post#: 61694--------------------------------------------------
NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 10, 2025, 11:58 am
---------------------------------------------------------
Hello there, I was hoping please, for some guidance on a
Parkingeye Parking Charge Notice Reminder situation.
On the 18th December 2024, the driver attended an appointment at
3-1-5 Lancaster gym complex. The appointment booked was not in
the gym itself, but for a medical appointment in the porch of
the building where the medical person rents the room from 3-1-5.
Contrary to the sign, there is no parking terminal in Reception
– the parking terminal is inaccessible to non-members – it is
beyond the member card-swipe barriers, it cannot be seen from
the reception area at all. There was a huge queue and no seating
within Reception. The disability can cause collapse, dizziness
and nausea, if not seated, so standing in queues is not an
option – seating is essential.
Parking requirements: Disabled are required to show the badges
to the receptionists, who let them through the barriers into the
main body of the building to access the Parking Terminal.
The non-disabled are NOT required to see receptionists, type in
reg details or display anything and they can park free for three
hours. Only if they are going to be longer than three hours, do
they need to use the Parking Terminal.
The Gym complex have said they can cancel tickets on their main
carpark but not disabled spaces, as PARKINGEYE have allegedly
stopped the 3-1-5 from doing so.
On the 6th January a ‘PCN Reminder’ was received, dated
02/01/2025 (15 days after the parking event), the original PCN
was never received. This was the first contact. It said the
parking event was on the 18/12/2024 and the Ticket Issued
24/12/2024 – Christmas Eve.
The ticket was appealed on PARKINGEYE’s website, on the basis
that it was dated 15 days after the parking event on the
18/12/2024 and asked them to remove the data from their system.
At this stage nobody had realised it was a PCN REMINDER and not
a PCN Notice. It was appealed on this basis on their website,
and rejected. This was the appeal:
"You are therefore, in law, unable to hold the registered keeper
of the vehicle liable for the parking charge, as the Notice
wasn’t sent within 14 days of the alleged contravention. I
suggest that you therefore contact the driver.
As there is no legal requirement placed on the registered keeper
to identify the driver, I will not be doing so."
I respectfully request that this parking charge notice be
cancelled and that you remove my personal information from your
database(s). I await your confirmation
They came back and asked for the images of the Disabled Badges,
having not addressed the fact that they were late sending out
the PCN Reminder - it seemed a bit suspicious. On the 14th
February, they rejected it again and referred it to POPLA. I
then wrote a letter of complaint and sent it registered post, to
both sites, Chorley and Blythe.
They emailed me back, once again swerving the issue but this
time they sent a copy of the original PCN, which made reference
to the POFA on the back! They gave me until 14/03/2025 to
either: Pay £60.00 or go to POPLA. I don't know what to do. I
still think it is fishy that they would send out a reminder so
early - literally they must have sent it during the first 14
days - is this normal? I thought people normally got 28 days and
then a reminder and that is why I think it is odd going after
the Keeper when the original PCN was never sent. Seems very odd.
Any help would be so graciously received, I feel like just
paying but it seems so very wrong! Thank you
[attachment deleted by admin]
#Post#: 61744--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: March 10, 2025, 3:49 pm
---------------------------------------------------------
The reminder notice has no bearing on anything and you should
ignore anything to do with that. Also, sending anything by
"registered post" is a complete waste of money. If future, all
you have to do is send anything first class and get a free
"Proof of Posting" certificate from any post office. The letter
is then deemed delivered two working days later according to the
Interpretation Act 1978.
The 3-1-5 Gym can get a PCN cancelled. They fobbed you off.
Do you or anyone in the vehicle have a blue badge? The set top
at the location appears to be set up to catch people out if they
cannot access the terminal to be able to input their VRM. Is
there any mention on the signs within the car par park,
especially by the disabled bays that are readable without having
to get out of the vehicle that state that the vehicle VRM must
be entered into a terminal?
You state that able bodied visitors to the Gym do not have to
enter their VRM for stays of under 3 hours but disabled drivers
do have to? That is blatant discrimination under the Equality
Act 2010. Are you sure?
#Post#: 61755--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 10, 2025, 4:28 pm
---------------------------------------------------------
Hello there b789,
Thank you ever so much for responding! Yes I am
registered-disabled, I was in the car that day with the disabled
badges - they can't see them on the camera - that's no good is
it? I can now upload the pictures at the scene - I couldn't
earlier as needed to convert them to JPEG.
Yes, unfortunately that is 100% true. The able-bodied only have
to enter their details if they stay over 3 hours (and 3-1-5 have
told me they can cancel those tickets but that Parkingeye have
taken over the disabled spaces and owing to this, cancelling
disabled ones are impossible. The parking terminal is
inaccessible, it is not in reception at all. It cannot be seen.
It is behind swipe-barriers and there is no seating. I can pass
out if I stand too long owing to my condition. And I have a
receipt saying I spent £450.00 (and a further £200 in cash) at
11.30am that day!
I was worried because I have appealed twice to Parkingeye and
complained once by post, been knocked back twice and was
concerned that because I had filled in their online forms, that
the driver may have contracted with them! I am prepared to
fight, and even though I have explained this in my complaint
letter, they're having none of it!
In their response (which they emailed) they sent a copy of the
original PCN which I never received - why would they send out a
Reminder only, 15 days after the parking incident? They're
supposed to give 28 days - which is suspicious! I wondered why
they would email me the original because it is so obvious that
foul play has taken place!
Thank you once again - I have attached the photos of the signs.
On entering the carpark, I didn't see any signs either, I was
looking specifically for them upon returning, but nothing that I
could see on entry.
Many thanks for helping me, I really appreciate this so much!
[attachment deleted by admin]
#Post#: 61766--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: March 10, 2025, 5:11 pm
---------------------------------------------------------
I suggest you send the following formal complaint to 3-1-5 Gym
as they are jointly and severally liable for the actions of
their agent, ParkingEye. Also, read up on this:
HTML https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/disability-discrimination
You could even send the formal complaint to 3-1-5 as a Letter
Before Claim (LBC). Given the clear direct and indirect
discrimination under the Equality Act 2010, you could seek
damages for distress, inconvenience, and injury to feelings.
How Much in Damages? The Vento Guidelines set out compensation
levels for discrimination claims. Based on your experience,
including:
[indent]• Distress and inconvenience caused by the PCN and
ParkingEye’s enforcement.
• Humiliation and indignity from being treated differently than
able-bodied visitors.
• Impact on your health (i.e., your disability means you risk
collapse if forced to stand, and their inaccessible system put
you at that risk).[/indent]
You would likely fall into the Lower Band of Vento (2023
figures, adjusted for inflation in 2025):
[indent]• £1,100 – £11,200 (lower band) for one-off or less
serious cases of discrimination.
• £11,200 – £33,700 (middle band) for more serious cases of
discrimination with ongoing effects.[/indent]
A reasonable starting figure would be around £3,000–£5,000,
given the stress, inconvenience, and breach of your rights. This
would reflect:
[indent]• The burden of having to challenge the PCN.
• The discriminatory treatment.
• The emotional and practical impact of an inaccessible
system.[/indent]
You could go higher if you feel the discrimination was
particularly egregious.
Anyway, here is a simple formal complaint you should send
immediately to 3-1-5 Gym:
--- Quote ---
>
> The Management
> 3-1-5 Health Club
> Lancaster Business Park, Caton Road
> Lancaster, LA1 3PE
>
> Subject: Formal Complaint – ParkingEye’s Discriminatory
Practices & 3-1-5 Gym’s Own Direct Disability Discrimination
>
> Dear Sir/Madam,
>
> I am writing to formally raise a complaint regarding the
unlawful discrimination that I have suffered as a disabled
visitor to 3-1-5 Gym on 18th December 2024, as a result of both
ParkingEye’s actions as your agent and 3-1-5 Gym’s own
discriminatory policies.
>
> 1. Summary of Events
>
> On 18th December 2024, I attended a medical appointment at a
business that leases an office within your premises but is
located outside the gym’s swipe-barrier-controlled area. As a
Blue Badge holder, I was legally entitled to park in a disabled
space. However, I have since received an unfair Parking Charge
Notice (PCN) from ParkingEye.
>
> Your parking policy discriminates against disabled visitors
because:
>
> [indent]• Able-bodied visitors can park for three hours for
free, without any action required.
> • Disabled visitors must register their vehicle using a
parking terminal that is not accessible unless they first obtain
permission to pass through the gym's swipe barriers.
> • The parking terminal is hidden from public view, making it
impossible for disabled visitors attending businesses outside
the gym to access it.
> • There is no seating in Reception, and my disability means I
am unable to stand for prolonged periods without risking
collapse, dizziness, and nausea.[/indent]
>
> Your staff have confirmed that PCNs for able-bodied visitors
can be cancelled, but that disabled visitors are denied this
option because ParkingEye allegedly will not allow it.
>
> 2. Direct Discrimination by 3-1-5 Gym (Not Just ParkingEye)
>
> Under the Equality Act 2010, 3-1-5 Gym is legally responsible
for ensuring that disabled people are not treated less
favourably. Your current parking policy is discriminatory in two
key ways:
>
> (a) Direct Discrimination
>
> [indent]• Your staff have explicitly confirmed that disabled
visitors are treated differently from able-bodied visitors
regarding PCN cancellations.
> • You provide automatic free parking for able-bodied visitors,
but disabled visitors must undertake an extra, unnecessary, and
inaccessible process just to park.[/indent]
>
> (b) Indirect Discrimination
>
> [indent]• The requirement for disabled visitors to register
their vehicle in an inaccessible area (beyond swipe barriers) is
an unreasonable and avoidable burden.
> • The lack of seating in Reception means that disabled
visitors cannot queue safely.[/indent]
>
> 3. 3-1-5 Gym’s Liability – Joint and Several Responsibility
for ParkingEye’s Conduct
>
> [indent]• ParkingEye is acting as your agent, and you remain
jointly and severally liable for their actions.
> • You have chosen to implement a system that
disproportionately affects disabled visitors.
> • You cannot delegate your legal obligations under the
Equality Act 2010 to a third party.[/indnet]
>
> 4. Required Action – Immediate Cancellation of the PCN and
Policy Reform
>
> To resolve this matter, I require the following actions within
14 days:
>
> [indent]1. Immediate cancellation of the PCN issued by
ParkingEye.
> 2. Written confirmation that disabled visitors will not be
unfairly penalised in the future.
> 3. A formal review of your parking system to ensure compliance
with the Equality Act 2010, including:
>
> [indent]• Relocating the parking terminal to an accessible
area.
> • Ensuring all disabled visitors are exempt from unfair
enforcement measures.
> • Staff training on disability rights and legal
obligations.[/indent][/indent]
>
> 5. Notice of Legal Consequences if Unresolved
>
> If this matter is not resolved within 14 days, I will:
>
> • Include 3-1-5 Gym as a co-defendant in any counterclaim
against ParkingEye should they pursue litigation.
> • Seek damages under the Equality Act 2010 for distress and
inconvenience caused by your unlawful discrimination.
>
> 6. Final Opportunity to Resolve This Amicably
>
> I trust that 3-1-5 Gym will take this final opportunity to
rectify the discrimination and cancel the PCN. If you wish to
discuss this matter further, I am open to dialogue within the
response period.
>
> I look forward to your urgent response.
>
> Yours faithfully,
>
> [Your Name]
> [Your Contact Information]
--- End Quote ---
#Post#: 61776--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 10, 2025, 5:37 pm
---------------------------------------------------------
Dear b789,
Thank you every so much for your brilliant letter. I shall get
on with it first thing, and I will let you know how I get on.
Please may I just ask a couple of questions? The first being,
should I mention that the signs are misleading/incorrect by
stating the Parking Terminal is situated in reception, when it
is not?
And also, what should I do regarding POPLA? Parkingeye wanted me
to pay the reduced rate fine of £60.00 or go to POPLA - the
deadline is this Friday, the 14th March? I am uncertain as of
what to do?
To be honest, Parkingeye gave me a bit of a roasting when I
complained and mentioned it was unfair the disabled. They said
they took it all very seriously and are compliant, etc - arguing
with me.
Once again, I cannot thank you enough for you help. I must have
spent in total well over a fortnight altogether of my time,
researching and looking for answers and to be quite honest,
panicking as well! Thank you so much - and I shall keep you
posted!
#Post#: 61800--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: March 10, 2025, 9:44 pm
---------------------------------------------------------
Yes, you can mention the signs.
You shouldn't be talking with ParkingEye or anyone for that
matter. All communication should be by email or letters sent as
attachments by email.
I'll try and get a POPLA appeal set up tomorrow or Wednesday.
The POPLA appeal deadline is actually 33 days from the date of
the appeal rejection. The POPLA code will be valid until then,
#Post#: 61809--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 11, 2025, 3:14 am
---------------------------------------------------------
Dear b789,
Thank you very much. I am going to do the letter this morning.
In the meantime then, should I just get on with that and forget
about the appeal for now? Parkingeye's last email to me was on
the 5th March, giving me until the 14th March, this Friday.
My thoughts are: when I send the letter today, (and and
attachments by email), they will have to once again freeze their
pursuit against me?
Thank you again - your help is so much appreciated, I felt I was
getting out of my depth!
#Post#: 61891--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: b789
Date: March 11, 2025, 8:27 am
---------------------------------------------------------
Send the letter as a PDF attachment in an email to
memberservices@3-1-5.co.uk and CC sean@x-force.co.uk and
yourself. Sean Thornton is the director/owner of 3-1-5 Health
Club which is wholly owned by X-Force UK Ltd.
#Post#: 61935--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 11, 2025, 11:39 am
---------------------------------------------------------
Thank you I will do, I am still working on it, had to go out
earlier but back on it now. Thank you so much for all this help!
#Post#: 62176--------------------------------------------------
Re: NO ORIGINAL PARKINGEYE PCN RECEIVED, REMINDER ONLY, 15 DAYS
AFTER PARKING EVENT
DIR By: Layrex9
Date: March 12, 2025, 3:19 pm
---------------------------------------------------------
Dear b789,
I have done it! It has been sent now, as you recommended. I will
let you know when I hear back. Just out of interest, what should
I do about POPLA now?
Best wishes, and thank you so much :)
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