HS1 Car Park Terms & Conditions
Please read these Terms and Conditions carefully. They relate to your use of HS1 car parks.
- DEFINITIONS
1.1 "Car Park" means the car parking facilities operated by National Car Parks (EUK)Limited
1.2 "Customer" or "Customers" means a user or users of the Car Park.
1.3 "Tariff Board" means any board or notice at the Car Park containing a notice displaying the charges to be paid by the Customers.
1.4 "Vehicle" shall mean any vehicle (including any mechanical device on wheels or tracks, its equipment and its accessories) that is received into the Car Park.
1.5 "We, us, our, ourselves, Company" means National Car Parks (EUK) Limited whose registered number is 06631612 and whose registered office is National Car Parks Limited, The Bailey, 16 Old Bailey, London, EC4M 7EG
(VAT Registration Number: GB 239 0546 59)
1.6 "Your, you, yourselves" means any person who uses any access road to gain access to the Car Park and uses the Car Park for the parking of a Vehicle.
2. BINDING EFFECT OF THESE TERMS AND CONDITIONS
2.1 If you enter the Car Park you accept these Terms and Conditions without qualification.
2.2 All customers entering into a contract with us for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, will be considered to do so on behalf of themselves and all other persons with whom they hold themselves out as representing and each customer warrants their authority so to contract.
2.3 Nothing in these Terms and Conditions affect your statutory rights.
3. OUR RESPONSIBILITIES LIABILITIES
3.1 We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park, if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid.
3.2 We do not guarantee that there will be any vacant parking space at any particular time. Season tickets do not entitle the ticket holder to a particular space. We will do our best/use our reasonable endeavours to keep enough spaces reserved for season ticket holders but cannot guarantee this at all times.
3.3 You are asked to remember that the Car Park is private property operated by us. It is open to members of the public who are to act in accordance with these Terms and Conditions. Our staff have instructions toremove persons acting other than in accordance with these Terms and Conditions but it is impossible to exclude such persons altogether. We cannot therefore guarantee the security of your Vehicle or any personal possessions left in your Vehicle and you must therefore ensure that you have appropriate and sufficient insurance to cover any loss, destruction, damage or theft of your Vehicle or any personal possessions left in your Vehicle.
3.4 Whilst we are responsible for using reasonable skill and care in the operation of the Car Park, nonetheless, that responsibility is limited and accordingly neither we nor our employees, servants or agents accept any liability in respect of:
3.4.1 any loss, destruction, damage or theft to or from any Vehicle unless caused by our negligence or the negligence or dishonesty of our servants or agents and save as otherwise required by law;
3.4.2 any missed delivery of, or temporary failure to deliver, any Vehicle unless caused by our negligence or the negligence or dishonesty of our servants or agents and save as otherwise required by law; and
3.4.3 the death of or any personal injury sustained by you in the Car Park unless it is proven to be caused by the negligence, wilful misconduct or breach of statutory duty of us or our employees, servants or agents.
3.5 For the avoidance of doubt you park your Vehicle in our Car Park at your own risk and we cannot guarantee the security of your Vehicle and/or its contents.
3.6 You will fully and effectively indemnify us against any third party liability that we may suffer as a consequence of your Vehicle being damaged at the Car Park (provided such damage shall not have been caused through our, or our employees, servants and agents, negligence or dishonesty).
3.7 We do not accept liability for:
3.7.1 any indirect or consequential loss; or
3.7.2 any loss of profit, loss of enjoyment, loss of revenue, loss of data or loss of earnings.
4. SAFETY AND SECURITY
4.1 Please ensure that at all times your Vehicle is securely locked and where an alarm is installed it is activated.
4.2 When you have parked your Vehicle, it is your responsibility to:
4.2.1 Lock your Vehicle securely;
4.2.2 Fully close all windows of your Vehicle;
4.2.3 Apply your handbrake properly;
4.2.4 Engage any steering lock, alarm or immobiliser you have;
4.2.5 Not leave any animal or person within your Vehicle; and
4.2.6 Ensure that your possessions are placed in a locked boot and are not on display.
4.3 We cannot be held responsible for any loss or damage whatsoever occurring to your vehicle or possessions within it resulting from your failure to do these things.
4.4 Our representatives have no authority to accept any articles for safe custody.
4.5 You must drive carefully and responsibly in the Car Park and you must ensure that any children and animals are properly supervised and are at all times accompanied when they are using the Car Park. Please take care to be aware of all Vehicles in motion within the Car Park.
4.6 You must comply with all directional signage and other instructions when in the Car Park.
4.7 While we use reasonable endeavours to ensure that the Car Parks are secure, we do not guarantee that they are a secure environment.
5. USE OF THE CAR PARK
5.1 Everybody who enters the Car Park is taken to agree, in return for the use of the Car Park in accordance with these Terms and Conditions, to be bound by and to comply with all of these Terms and Conditions. Where you have booked your car parking in advance, you will also be bound by the terms and conditions of that booking service and you should contact the advance booking service provider to obtain a copy of their booking terms and conditions.
5.2 Only the following people have permission to enter or remain in the Car Park:
5.2.1 Our authorised representatives;
5.2.2 Any owner of a Vehicle who comes into the Car Park to park it, or to collect and remove the Vehicle, provided that all charges due to us are paid before it is removed;
5.2.3 Any passenger travelling in a Vehicle with the permission of its owner when the Vehicle is brought into the Car Park or who is intending to travel in the Vehicle, with the permission of its owner, when it leaves; and
5.2.4 Any owner of a Vehicle, or person authorised by its owner, who requires access to the Vehicle while it is parked.
5.3 Permission is not given for Vehicles of a type expressly excluded, from time to time, by notices at the entrance to the Car Parks.
5.4 If you are not a person listed in clause 5.2 above you have no permission to be in the Car Park. Any of our representatives may require you to leave at any time and they are authorised if necessary to call for police assistance to have you removed.
5.5 If you have another reason to visit the Car Park or have an enquiry regarding a Vehicle in any of the Car Parks you should approach a representative before entering the Car Park.
5.6 We are entitled to check whether anybody who is in the Car Park has permission to be there and has a legitimate reason for being there. Your cooperation is appreciated as this can help to improve security.
6. MOVING VEHICLES
6.1 We or our representatives reserve the right to move any Vehicle within or outside the Car Park to whatever extent as we may deem necessary and sufficient to carry out the efficient management of the Car Parks.
7. CAR PARK TICKETS
7.1 All tickets issued by us are only available for the Vehicle in respect of which it is issued. Car Park tickets, season tickets or any other special tickets as well as tickets issued on entry, do not entitle you, unless otherwise agreed by us in writing, to any specific space in the Car Park nor is there any priority over other customers. Season tickets or other special tickets remain our property to be returned to us upon expiration.
7.2 If you have been issued with a valid parking ticket and are unable to produce this upon request, we and our representatives reserve the right to make all enquiries deemed to be necessary and reasonable prior to the release of the Vehicle. Non-production of a valid parking ticket may lead to delays. All lost tickets will be charged at the full daily rates specified, from time to time, on the Tariff Board at the Car Park for each day that your Vehicle has been in the Car Park, or in accordance with any other policy in operation from time to time.
8. PENATLY NOTICES ISSUED FOR BREACHES OF PARKING RESTRICTIONS
8.1 We have a responsibility for the enforcement of parking which is essential for the free flow of traffic and for safety. Restrictions on where you may park will be indicated, from time to time, on signage displayed in the Car Park or by markings on the ground and it is your responsibility to check that your Vehicle is not parked such that it is in breach of any restriction.
8.2 We may issue penalty notices for breaches of the restrictions, including but not limited to, parking:
8.2.1 In an area in the Car Park not specifically designated for parking, or in a restricted area in the Car Park;
8.2.2 Beyond the bay markings in a single designated Car Park bay; and
8.2.3 A Vehicle in a bay reserved for another purpose, including but not limited to:
8.2.3.1 parking in a disabled person’s parking space without displaying a valid disabled person’s badge belonging to yourself or another occupant of the Vehicle;
8.2.3.2 parking a motor-cycle anywhere in the Car Park, other than a designated area of the Car Park for that purpose; and
8.2.3.3 parking a low sided vehicle in a designated high sided vehicle bay.
8.3 Details of the procedure from time to time in force for paying a penalty notice or appealing against the issue of a parking charge notice are set out on the back of each parking charge notice.
9. LIENS AND DISPOSAL OF ABANDONED VEHICLES
9.1 Your Vehicle, once it has entered the Car Park, becomes subject to a lien for all charges due or accruing and due from you to us and we therefore reserve the right to refuse to release your Vehicle until all such charges have been paid in full.
9.2 If you intend to leave your Vehicle in the Car Park for more than 28 days, you must notify us in writing in advance of your intention to do so.
9.3 While the Vehicle remains in the Car Park, parking charges will continue to apply at the current daily rates.
9.4 We reserve the right to sell any Vehicle which we reasonably believe to have been abandoned and shall be entitled to regard as abandoned any Vehicle which has been in the Car Park for more than 28 days or 28 days after the date which you have specified for exit from the Car Park in any booking (as the case may be) without prior notification and which is not known to be covered by a current valid Season Ticket.
9.5 Before proceeding with the disposal of any abandoned Vehicle, we will:
9.6.1 make reasonable enquiries with a view to identifying and contacting the registered keeper of the Vehicle in question; and
9.6.2 give 28 days’ notice of our intention to dispose of the Vehicle to the registered keeper.
9.7 The notice mentioned above shall be deemed to have been properly and sufficiently given by the sending of the written notice by recorded delivery post, addressed to the registered owner at his last known address, whether or not the notice is actually received.
9.8 The disposal of any abandoned Vehicle will be by sale at auction whenever practicable and the proceeds of sale will be applied in and towards satisfaction of all sums owing to us by you together with our expenses in connection with such sale. We shall also be entitled to charge you reasonable garage charges in respect of the period during which the Vehicle was in our possession prior to the sale. Any balance of such sale proceeds remaining after satisfaction of all sums owing to us by you shall be held by us on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.
9.9 Our rights of disposal set out above are in addition to any of our rights to dispose of unclaimed Vehicles under the Torts (Interference with Goods) Act 1977.
10. PARKING CHARGES
10.1 All parking charges (except in relation to advance bookings) are displayed from time to time on the appropriate Tariff Board displayed in the Car Park and can be altered at our discretion. Any changes will be applied immediately when the rates displayed on the Tariff Board are changed.
10.2 Payment may be made with cash, debit or credit cards or other electronic or telephonic means where available.
10.3 In the event of any Pay Machine failure, we reserve the right to collect charges for parking at the exit of the Car Park as Vehicles leave.
11. COMPLAINTS PROCEDURE
11.1 Should your Vehicle suffer damage or destruction whilst in the Car Park or should you lose the Vehicle or any personal possessions left in your Vehicle whilst it is in the Car Park, you are requested:
11.1.1 to immediately inform a member of our staff of the occurrence;
11.1.2 in cases of theft, to immediately inform the Police; and
11.1.3 to promptly notify your insurers.
11.2 If you consider that you have a claim against us for any loss, destruction, damage or theft of the Vehicle or any personal possessions left in your Vehicle, you should within forty eight hours of discovery of such loss, destruction, damage or theft give written notice containing full details of the occurrence to us at National Car Parks Limited, The Bailey, 16 Old Bailey, London, EC4M 7EG and marked for the attention of the Head of Operations. Before submitting such a claim to us, you are requested to review clause 3 of these Terms and Conditions to satisfy yourself that the subject matter of your claim falls within our area of responsibility.
11.3 Failure to comply with the above procedure may prejudice your claim.
12. DAMAGE TO OTHER VEHICLES AND PROPERTY WITHIN THE CAR PARK
12.1 Should you damage another Vehicle or any part of the Car Park, you must report the matter immediately to a member of our staff and provide that member of staff with the registration numbers of each Vehicle (where appropriate), your full name and address, the name and address of your insurance company and your motor insurance policy number. You must also notify the owner of the other Vehicle by leaving a note on the windscreen of their Vehicle providing your full details and those of your Vehicle and insurance company.
12.2 You may be required to make good to our reasonable satisfaction any damage you cause to any part of the Car Park or to pay to us on demand the cost incurred by us in making good such damage.
13. PROHIBITED ACTIVITIES
13.1 You shall not:
13.1.1 Tow or have towed a Vehicle in to a Car Park. In the event of Vehicle breakdown, you must immediately contact a member of our staff to ensure that your Vehicle removal is organised without causing damage or danger to any other person or property in the Car Park;
13.1.2 Spend an excessive amount of time (as determined by us in our absolute discretion) in your Vehicle whilst it is parked in a Car Park and this includes, but is not limited to, sleeping in your Vehicle or staying overnight in a Vehicle or staying overnight in the Car Park or camping in the Car Park; and
13.1.3 Park anywhere except in a designated single marked bay.
13.2 You shall not carry out any of the following activities at any time in the Car Park:
13.2.1 Any service work, maintenance, cleaning (unless carried out by our employees, agents or representatives) or repairs to any Vehicle;
13.2.2 Partaking in any business activity at the Car Park including, but not limited to, in connection with selling, hiring or other disposal of the Vehicle or any other services;
13.2.3 Filling or emptying Vehicle fuel tanks;
13.2.4 Misusing, obstructing or damaging any facilities or other Vehicles in the Car Park, including but not limited to, dropping litter or fly-tipping waste on the Car Park;
13.2.5 Driving dangerously or too fast and in contravention of the directional signs and speed limits;
13.2.6 Making unnecessary noise, including playing music in any way that annoys users of the Car Park or people who live or work nearby;
13.2.7 Filming or taking photographs of any Vehicles, the Car Park or other users of the Car Park;
13.2.8 Cooking, cleaning or lighting fires;
13.2.9 Using the full facilities of a camper van, including, but not limited to, the toilet, bathroom and kitchen;
13.2.10 Doing or attempting to do anything which is a criminal offence or breach of the law.;
13.2.11 Parking in bays which are not designated for your Vehicle type including, but not limited to, parking in a disabled person’s parking space without displaying a valid disabled person’s badge belonging to yourself or another occupant of the Vehicle;
13.2.12 Smoking anywhere within the Car Park and the immediate vicinity of the Car Park;
13.2.13 Leaving the Car Park in a state or condition unfit for use by other persons using the Car Park;
13.2.14 Using any area of the Car Park as toilet facilities;
13.2.15 Any anti-social or annoying behaviour which may cause offence or inconvenience to us or any other user of the Car Park including, but not limited to, drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering or having any animals of a lead when outside of a Vehicle.
13.3 Permission to use the Car Park is automatically withdrawn if you or your passengers or anyone else under your authority or control do any of the things prohibited in clauses 13.1 or 13.2. We reserve the right, in our absolute discretion, to add to the list of prohibited activities at any time. Any of our representatives may require you to leave at any time and they are authorised if necessary to call for police assistance to have you removed.
14. FORCE MAJEURE
14.1 We do not accept liability for any cancellations, curtailments or damage otherwise caused to your Vehicle or possessions by reason of war or threat of war, riots, civil strife, terrorists activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of public transport links, cancellation or changes of schedules in relation to any scheduled business or personal travel plans and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of this contract with you isprevented or affected as a result of a force majeure event detailed in this clause 14.1 or such other circumstances beyond our or your control.