Advice please re. defending a claim against parking in a disabled space at the gym

Poetry_in_motion

I've been reading through a lot of posts as I'm forming my defence to send to the court but I have a couple of questions that hopefully someone can help me with. Basically, I received two fines for consecutive evenings at the gym after they were taken over by parking eye. I'm not sure if I was the driver or the passenger of the vehicle as we are both insured to drive the car, but I am the owner. The car was parked in a disabled space because the other person who was in my car has a disabled badge which was displayed and I assumed that it would be fine. What I didn't realise was that you now have to register your registration at reception - I did this once I received the letters from parking eye! I hoped the gym would step in but the girl on reception didn't interested. I received the usual bailiff letters and I thought that would be the end of it but I've now received court letters so I've filed an acknowledgement of claim and I'm trying to defend. 
Should I put in my claim that I'm unsure who the driver was? Is it any defence that there was a disabled badge displayed? There are signs displayed but I think they're quite confusing - they still have the old small gym ones that say to leave the spaces for disabled members, they have new ones saying for disabled patrons only and to see restrictions and they have big signs with the full rules on which I think are not as clear as they could be because it has the disabled sign followed by "restrictions apply" or something to that affect and then at the bottom of the sign under other restrictions it mentions registering at reception. The gym never notified members about the changes.
What, if any defence do I have to this claim? I think it's disgusting that the gym and Parking Eye are profiting off of drivers like this because I already pay a high price for membership!
Thank you in advance and sorry for the rambling. 

DE_612183

1. They are not fines - they are invoices based on a perceived breach of contract
2. complain again to the manager of the gym - you can also quote the equalities act as they are discriminating against someone with protected characteristics.

What is the date of the claim?

Who is making the claim on behalf of parking eye?

Nellymoser

Post photo of POC on left side of your Claim Form remember to cover car reg.

Give the issue date and solicitors 

What date did you file AOS?

Have you read the NEWBIES Announcement thread and following advice in Post 2 Small Claim, there is a Template defence to help.

Poetry_in_motion

(Image removed by Forum Team) Thank you for your replies, I filed AOS last Monday/ Tuesday.  DCB legal are the team acting for Parking Eye. I am going to email the gym manager now mentioning discrimination against someone with protected characteristics.

Coupon-mad

Show a properly redacted image please.

This is an Equality Act breach. It's your main point for your para 3 within the template defence:

Is it any defence that there was a disabled badge displayed? There are signs displayed but I think they're quite confusing - they still have the old small gym ones that say to leave the spaces for disabled members, they have new ones saying for disabled patrons only and to see restrictions and they have big signs with the full rules on which I think are not as clear as they could be because it has the disabled sign followed by "restrictions apply" or something to that affect and then at the bottom of the sign under other restrictions it mentions registering at reception. The gym never notified members about the changes.

Poetry_in_motion

I think this shows what you've asked for 🤞

Gr1pr

And the Issue date and AOS dates were  ?

Poetry_in_motion

The issue date was 30/06 and the AOS was 14/7, I think I have until next Monday to file my defence so it's my priority for this week.

Coupon-mad

OK, so you need to use Chan and Akande in para 3 of your defence (search the forum for wording) as well as stating that you are disabled and did not breach a term, and the supposed new obligation to 'register' the Blue Badge as well as display it, is clearly an unfair, unexpected and onerous burden which breaches both the Consumer Rights Act 2015 and the Equality Act 2010.

To fit all that in using MCOL (we now advise defendants do use it), you may have to remove the final paragraph of the short Template Defence. That's fine.

Poetry_in_motion

Thank you 😊 

Coupon-mad

Once the defence is in:

Please read this message and do the vital current Public Consultation:
https://forums.moneysavingexpert.com/discussion/comment/81552148/#Comment_81552148

It's important that the Government hears from people with unfair charges who are facing court claims.

The link shows the two vital points to concentrate on, IMHO:

- banning DRA fee add-ons completely

- making sure a new SINGLE appeals service replaces POPLA and the IAS which are seen as not fully independent and involved in a 'race to the bottom'.

Please read & click through to the main thread about the Consultation and bookmark that thread so you can find it in August.

Do not be deterred by the fact that some questions are for the parking industry only. It is so important that your voice is heard by the Government.