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:
https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/disability-discriminationYou 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:
• 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).
You would likely fall into the Lower Band of Vento (2023 figures, adjusted for inflation in 2025):
• £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.
A reasonable starting figure would be around £3,000–£5,000, given the stress, inconvenience, and breach of your rights. This would reflect:
• The burden of having to challenge the PCN.
• The discriminatory treatment.
• The emotional and practical impact of an inaccessible system.
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:
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:
• 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.
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
• 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.
(b) Indirect Discrimination
• 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.
3. 3-1-5 Gym’s Liability – Joint and Several Responsibility for ParkingEye’s Conduct
• 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 ReformTo resolve this matter, I require the following actions within 14 days:
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:
• 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.
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 AmicablyI 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]
