TERMS AND CONDITIONS OF USE OF PARKING, CAR WASHING, VALETING AND OF OTHER SERVICES.

Terms and Tariffs are notified on board at entrance to car park

Use of the Car Park is subject to the following terms and conditions:

By entering the car park, you are agreeing that such access is subject entirely to these terms and conditions. If you are not happy with any of these terms then you must exit the car park. Use of the car park and any of the services provided on it will be deemed acceptance, in full, of these terms and conditions.

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1. Our Liability for Loss or Damage to Property

None of the Manager, the Landlord nor any of their respective Representatives or Agents accept liability in respect of any damage to, or loss or theft of, or from any vehicles on the Car Park unless the same is proved to be caused by the negligence, wilful act or default or breach of statutory duty of either the Manager or the Landlord or any of their respective Representatives or Agents, or by the dishonesty of the Manager or Landlord or any of their respective Representatives or Agents.

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2. Our Liability for Death or Personal Injury

Neither the Manager nor the Landlord nor any of their respective Representatives or Agents accept liability in respect of the death of or personal injury sustained by customers and others in the car park unless the same is proved and to the extent that it is proved to be caused by the negligence, wilful default or breach of statutory duty of either the Manager or the Landlord or any of their respective Representatives or Agents.

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3. Complaints Procedure

• 3.1 Should you or your vehicle suffer damage whilst in the Car Park or should you lose the vehicle or any of your possessions from the vehicle whilst it is in the Car Park you are required:

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• 3.1.1 immediately to inform a member of the Manager’s office staff of the occurrence and;

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• 3.1.2 in cases of theft and / or damage to immediately to inform the Police;

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• 3.1.3 where issued and within 48 hours of receipt, to provide a police crime reference number in writing to the Manager at the Manager’s Office; and

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• 3.1.4 to notify your insurers within 48 hours. 3.2 If you consider that you have a claim against the Manager, or the Landlord, or any of their respective Representatives or Agents you must ensure that within 48 hours of discovery of the loss or damage, you write to us providing full details of the occurrence. Full contact details are available upon request. 3.3 Failure to comply with the above procedure may prejudice your position.

 

4. Data Protection

• 4.1 The Manager is a Data Controller for the purposes of the Data Protection Laws.

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• 4.2 In entering into the Car Park and purchasing a Ticket you accept that you will be providing the Manager with certain Personal Data, such as your name, contact details and car registration plate information.

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• 4.3 The Manager collects and processes this data for the sole purposes of: (a) providing you with the Car Park facilities; (b) enforcing its contractual rights under this agreement, including the issuing of parking tickets, fines; and (c) administering a CCTV system for the safety and security of the Car Park and to act as a deterrent to crime.

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• 4.4 All Personal Data we hold will be held in accordance with our Privacy Policy (a copy of which can be found here: www.parking-partners.co.uk or is available upon request) and retained in accordance with our Data Retention Policy (a copy of which can be found here: www.parkingpartners.co.uk, or is available upon request).

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• 4.5 Unless you specifically consent to us doing so, we will not use any Personal Data we hold about you to market to you and we will not pass your data to any third parties to allow them to market to you.

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• 4.6 In accordance with the purposes for which we are collecting and processing your Personal Data, as outlined in clause 4.3 above, we may pass your Personal Data to third parties to assist us in carrying out these purposes. This will include, if necessary, passing your details to third party debt collection agencies and passing your vehicle’s registration details to third parties to assist us in identifying its owner and/or driver. We always ensure that any such third party processes this Personal Data in accordance with the Data Protection Laws.

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• 4.7 Under the Data Protection Laws you have a number of rights in respect of your Personal Data, including the right to be provided with copies of all Personal Data we hold about you. Full details of your rights, and how you can exercise them, together with the limits in exercising those rights, can be found here: https://ico.org.uk/for-organisations/guide-to-the-generaldata-protection-regulation-gdpr/individual-rights/.

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• 4.8 If you have any queries or concerns about how we are using your Personal Data, please make contact with the Manager, or its Representative, who will be happy to discuss it with you. You also have the right to complain directly to the Information Commissioner’s Office if you believe we are not processing your Personal Data in accordance with the Data Protection Laws or our Privacy Notice.

 

5. Securing your Vehicle and Other Possessions

• 5.1 It is your responsibility to ensure that your vehicle, and any possessions within it, are secure. You must ensure that on leaving the vehicle;

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• 5.1.1 the vehicle and other possessions are secured and locked;

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• 5.1.2 all windows of vehicle are securely closed; 5.1.3 in respect of convertible vehicles, the roof is fully up and securely locked;

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• 5.1.4 the brakes are applied as appropriate for the parking mode; 5.1.5 if your vehicle is fitted with a steering or other locking device that it is engaged;

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• 5.1.6 no person or animal is left within your vehicle at any time; and 5.1.7 possessions are taken with you or securely locked in the boot and not visible from the exterior of the vehicle.

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• 5.2 Where CCTV cameras are installed, they are used to assist in the proper running of the Car Park only (for example, to assist in ensuring that vehicles are parked in accordance with these Terms and Conditions). The CCTV cameras may also act as a deterrent to criminal activity. However, the Manager makes no promises or guarantees as to the extent of coverage provided by the cameras, whether they will be functional at all times and what use, if any, their footage may be in respect of assisting you in any claims you may wish to bring.

 

6. Damage to Other Vehicles Persons or Property in the Car Park

• 6.1 Should you damage another vehicle, or any property or structure, or harm a person within the Car Park you must report the matter immediately to a member of the Manager’s staff. You must also, without delay, provide the Manager with full details of the incident including the registration of all vehicles, your full name and address, and the name and address of the vehicles’ insurance company together with the policy number. This is to enable us to ensure we are complying with our obligations to you, any other person or company that may have been harmed, and our insurance provider.

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• 6.2 In the event you damage another vehicle in the Car Park you must also notify the owners of any other vehicle involved by leaving a note on the windscreen of their vehicle, providing your vehicle and contact details, and any other details that are relevant to the incident. 6.3 In the event of you causing damage to the Car Park You may be required to repair any damage caused to the Car Park or to pay to the Manager or Landlord the cost incurred by the Manager or Landlord in repairing such damage.

 

7. Safety in the Car Park

• 7.1 You must drive carefully in the Car Park. The speed limit is 5 miles per hour.

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• 7.2 Children must not play in the Car Park and must not be left unaccompanied.

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• 7.3 You must beware of other moving vehicles in the Car Park at all times.

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• 7.4 You must comply with all directions and signs from time to time posted in the Car Park by the Manager, the Landlord or their respective Representatives or Agents and all instructions or requests given or made from time to time by the Manager, the Landlord or their respective Representatives or Agents for regulating traffic and controlling the positioning of vehicles within the Car Park.

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• 7.5 You must ensure that animals are kept secured on a lead when outside a vehicle.

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• 7.6 The riding of cycles, skateboards, skates, kick scooters, quad bikes (and all variants of these; whether these are human or otherwise powered) within the car park is strictly prohibited.

 

8. Tickets

• 8.1 The parking ticket issued is valid only for the vehicle in respect of which it is issued. It cannot be transferred to anyone else or any other vehicle. Doing so will render the ticket invalid and will give rise to the risk of fines.

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• 8.2 Unless it is clearly stated on the parking ticket, a parking ticket, which includes access cards or permits associated with a season ticket or right to park, does not entitle you to park in any particular space in the Car Park or of priority over other customers.

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• 8.3 All parking tickets are the property of the Manager.

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• 8.4 The Manager reserves the right to refuse to release any vehicle except on production of a valid parking ticket until it has made such enquiries as it considers reasonable. In this situation failure to produce a valid parking ticket may delay your departure.

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• 8.5 Customers who do not display a valid parking ticket will be charged at the full daily tariff for each day or part of a day that the vehicle is left in the Car Park. In these circumstances the Manager will instruct its Representatives or Agents to issue a ticketed parking charge in accordance with the rates outlined on the Car Park information board.

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• 8.6 Where parking tickets have expired Customers shall become liable for the payment of fees and charges in accordance with the tariff and these Terms and Conditions from the time of expiry of the parking ticket. Such fees and charges will accumulate and must be paid when the first of the following events occur: 8.6.1 at time the vehicle is removed from the Car Park; or 8.6.2 on demand from the Manager

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• 8.7 Every Customer who purchases a parking ticket does so on behalf of themselves and any other person or company having any interest in the vehicle and its contents (for example, if the car is a hired car, the person purchasing the ticket is doing so on behalf of themselves and the car hire company).

 

9. Recovery of Monies Owing

• 9.1 If you do not pay all charges due and accrued we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Lloyd’s Bank from time to time. The charges will remain due if they have not been paid before departure of the vehicle, as it has been parked. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this interest together with any overdue amount.

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• 9.2 To protect the Manager’s rights under this agreement, in the event of non-payment of charges owed and accruing the Manager reserves the right to exercise the contractual right of lien against any vehicle on the car park that has unpaid charges against it. The right of lien is a right for the Manager to hold the vehicle and refuse to allow it to be removed from the Car Park until all charges outstanding have been paid, in full. In the event the Manager exercises this right, the Customer will be notified of this in writing.

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• 9.3 If, by notice having been given to the Customer of the charges due and accruing, the Customer fails to make payment of the same, in full, to the Manager within 7 days of that notice having been given then the Manager may give notice of his intention to sell the vehicle or any other owned by the Customer by way of the exercise of that contractual lien referred to in Clause 9.1. 9.4 If payment of all charges due and accruing is not made within 28 days of notice given by the Manager of its intention to sell the vehicle in default of payment, the Manager may sell the vehicle and the proceeds of the sale will be applied towards satisfaction of all sums owing to the Manager by the Customer. This will include all costs of recovery of the charges, including third party debt collection, Court and legal costs, the expense of the sale of the vehicle. in connection with such sale the Manager shall be entitled to charge reasonable garage charges in respect of the period during which the vehicle is in the possession of the Manager. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Manager on behalf of the registered keeper of the vehicle for a period of six years after which time it shall be retained by the manager. the manager will make all reasonable efforts to contact the owner of the vehicle in such circumstances but accepts no liability if such efforts are unsuccessful. 9.5 Subject to the entitlement of the Manager to demand payment pursuant to Clause 8.6.2 notices given pursuant to Clause 9.2 shall be deemed to have been properly given by the sending of written notice by prepaid post, addressed to the Customer or registered keeper of the vehicle concerned at his last known address, whether or not the same is actually received.

 

10. Tariff

Parking fees which the Manager shall be entitled to levy shall be as displayed from time to time on the Tariff Board at the Car Park (subject to Clause 8.5 herein) and can at the discretion of the Manager be altered at any time. Nonor delayed payment of tariffs will incur costs of recovery in addition to the tariff and interest at 2% over the Bank base rate.

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11. Moving and Re-Location of Vehicles

• 11.1 The Manager reserves the right to instruct its Representatives or Agents to move the vehicle within the Car Park (and including driving the same on roads and public highways outside of the Car Park where it is necessary so to do to exercise the rights you have agreed to in these terms) to such extent as the Manager, its Representatives or Agents may in their discretion think necessary to better meet their obligations, avoid obstruction or provide more efficient arrangement at or in the Car Park

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• 11.2 The Manager additionally reserves the right, where the Car Park has to be closed, or has to be evacuated in cases of emergency or otherwise, to instruct its Representatives or Agents to remove any vehicle at any time to any other location as the Manager shall reasonably deem necessary and / or appropriate.

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• 11.3 The Manager additionally reserves the right where vehicles have been parked otherwise than properly in a designated parking space to instruct its Representatives or Agents to issue a ticketed parking charge.

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• 11.4 If requested to do so by the Manager, its Representatives or Agents you must leave the ignition, boot, doors and alarm keys to your vehicle with a person authorised by the Manager to hold such keys. We will hold such keys securely and will not give any third-party access to them.

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• 11.5 The Manager reserves the right to instruct its Representatives or Agents to forcefully enter a vehicle in such manner as it deems necessary without being liable for damage caused to facilitate the exercise of the rights conferred herein and Clause 9 or 11 in particular or to reduce, or stop, any nuisance caused by the vehicle.

 

12. Compliance with Road Traffic Acts

• 12.1 All vehicles parked in the Car Park must be in possession of a current Vehicle Excise Duty (VED), be insured and be in possession of a current Ministry of Transport (MoT) certificate in compliance with the all relevant and applicable laws governing the use of vehicles on the road and private land.

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• 12.2 If a VED has expired the Customer is to notify the Manager immediately to confirm that a new licence application has been made, which may be a Statutory Off Road Notification (SORN).

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• 12.3 If the Car Park Office has not been notified within 14 days of a breach in compliance of Clause 12.1 or 12.2 the Manager will take appropriate management steps that may include instructing its Representatives or Agents to issue a ticketed parking charge in accordance with clauses 8 and 10.

 

13. Prohibited Activities

• 13.1 No vehicle shall be towed into, or away from, the Car Park or enter otherwise than under its own mechanical power and no work on or repairs or maintenance to or washing or cleaning of vehicles by customers or their suppliers shall be done in the Car Park. In the event your vehicle has broken down and cannot be moved other than via towing or some other form of transport then you must first get permission from the Manager or the Manager’s Representatives to do so and must follow all instructions issued by them in respect of the removal of the vehicle.

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• 13.2 No activity in connection with the selling or disposal of the vehicle (for example, using the Car Park as a meeting point for the viewing and sale of a vehicle) shall be carried out in the Car Park, other than by The Manager in accordance with Clauses 9.1 to 9.4 above.

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• 13.3 No activity in connection with the hiring of vehicles shall be carried out in the Car Park, other than by the Manager or its Agents and strictly for the purpose of delivering Landlord approved car club services.

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• 13.4 No vehicle shall obstruct any access or circulation areas within the Car Park.

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• 13.5 No Customer shall do anything in the use of the Car Park which may be a nuisance or inconvenience to the Manager, the Landlord, any neighbours of the Car Park, or any other user of the Car Park.

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• 13.8 All vehicles must be parked in the clearly designated parking spaces at all times. You must ensure that your vehicles is entirely within the car park space’s white lines. If your vehicle is not parked within the car parks white lines, including where, for example, any part of the car is touching or overhanging any part of the white line, the Manager shall be entitled to levy a charge for such parking in accordance with clause 10.

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• 13.9 No Customer shall park in a parking space clearly designated as being reserved for another individual or company.

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• 13.10 No Customer shall deposit in the Car Park any rubbish, litter or refuse of any kind other than in proper receptacles provided for the purposes. Nor shall any shopping trolleys be left in the Car Park.

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• 13.11 No Customer shall pour or transfer petrol or other fuels, or any car fluids or lubricants, anywhere in the Car Park.

 

14. Car Washing Valeting and Other Services

• 14.1 In booking any services with an Agent of the Manager, be they a car wash or any other services, then the Manager shall accept no liability for the performance of those services. Should the service provider cause any damage to your vehicle in the provision of the services then this is a matter for you to take up with the service provider directly. In allowing the service providers to use the Car Park to provide their services the Manager is not making any promises or guarantees as to the quality, or suitability, of the service they provide and will not assume any liability or their actions.

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• 14.2 In the event that the Manager is directly providing services then these Terms and Conditions shall apply to those services.

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• 14.3 In the event that any Terms and Conditions applicable to the car wash or other services conflict with these Terms and Conditions, these Terms and Conditions will apply where there is any conflict.

 

15. Vehicle Size:

• 15.1 You are required to observe all reasonable restrictions as shall from time to time be made by the Manager, its Representatives or Agents in respect of the height, length or width of vehicles to be parked in or allowed access to the Car Park. These will be clearly displayed on signs on the entrance to the Car Park. It is your responsibility to know the size of your vehicle and the Manager and Landlord accept no liability whatsoever for any damage that may be caused to your vehicle in the event that your vehicle is too large for the Car Park. 15.2 All Customers vehicles when entering the Car Park must abide by any height restriction notices and no roof racks, roof carrying cycle racks, top boxes and items carried on top of these or on top of vehicles shall exceed these height restrictions.

 

16. Definitions

• 16.1 "The Manager" shall mean Parking Partners (Management Services) Limited, known as (PPLMS) and also trading as PPL.

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• 16.2 “Landlord” shall mean any person or body corporate holding a proprietary interest in the Car Park.

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• 16.3 “Representatives” shall mean those directly employed by the “Manager” or “Landlord”.

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• 16.4 “Agents” shall mean those engaged by the “Manager” or “Landlord” to manage, supply or operate any products or services related to the operation of the Car Park.

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• 16.5 “Vehicle” shall mean the vehicle which is received into the car park and shall include any mechanical or human or otherwise powered device or wheels or tracks its equipment and accessories.

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• 16.6 “Customer” shall mean a person who may be in the Car Park or shall have entered into a contract with the Company for the parking of a vehicle at the Car Park or who is entitled to the use of a parking space under the terms of a Lease or Agreement for Lease or who takes such entitlement thereunder.

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• 16.7 “Manager’s Office” shall mean PPLMS, Audley House, Palace St, Victoria, London, SW1E 5HX.

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• 16.8 “Car Park” shall mean Chelsea Bridge Wharf Car Park, 372 Queenstown Road, London, SW11 8PP.

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• 16.9 “Terms and Conditions” shall mean the contracted terms and conditions of use of the Car Park.

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• 16.10 “Data Protection Laws” means any laws in force regarding data protection, including the General

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• Data Protection Regulations and any UK law enacted to apply the General Data Protection Regulation into UK law.