T’s & C’s
PARKING SERVICES LIMITED
MANAGED CARPARKS TERMS & CONDITIONS
TO PEOPLE ENTERING ANY CAR PARK MANAGED BY PARKING SERVICES LIMITED WITH A VEHICLE
BY ENTERING THIS CAR PARK, YOU AGREE TO THE CONDITIONS SET OUT BELOW.
IF YOU DO NOT ACCEPT THESE CONDITIONS, IMMEDIATELY LEAVE THE CARPARK.
1. These conditions apply from the moment that you drive your vehicle into this car park and apply 24 hours a day, 7 days a week. You hereby also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.
Towing fee: $350.00
Breach notice: $95.00
Non-payment weekly reminder notice $75.00
Non-payment 21 day reminder notice $200
PAYMENT AND BREACH OF THESE CONDITIONS
2. You agree to the following rules:
a) You must comply with all rules or directions displayed in the car park and with all relevant laws.
b) You must not obstruct other persons or vehicles using the car park, nor abandon the vehicle.
c) You must not park in any area marked “Reserved’’, “No Parking”, “customers only” unless you possess a legal license or lease to do so, have direct authority to do so by the company that leases or owns the car park or park outside of the line-marked parking bays.
d) You must not park in a mobility bay without a current mobility window pass.
e) You must not park your vehicle in a Parking Services Limited controlled car park where you have no business or authority from the business that owns or leases that car park to do so.
f) The vehicle you are parking in this car park must have a current warrant of fitness and registration, be roadworthy, and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons or the car park.
3. You agree that:
a) If you or your vehicle is in breach of any of the above clauses, you have parked unlawfully, and we may issue a notice requiring you to pay within 21 days a sum no greater than $95.00, being an estimate of our costs of enforcing the conditions of this car park.
b) If you are issued a reminder notice and you do not pay the sums specified therein within 7 days of the date of the reminder notice, you agree that:
i. In an event that a payment is not received by the due date of the first breach notice, reminder notices will be sent each week for non-payment at a cost of $75.00 per reminder.
ii. After 3 reminders the debt will be referred to a debt collection agency which will incur their fee of 25% fee of the total amount outstanding plus 2.5% per month above the unsecured overdraft interest rate charged by Parking Services Limited’s bank and calculated on a daily basis on all moneys outstanding for the period during which the payment has been overdue, until all the moneys have been paid in full including all administration costs.
iii. You are liable of any costs and expenses incurred by us to enforce payment of the sums owing by you, including our solicitor/client costs.
If you contravene any of the above conditions, you agree that we may remove the vehicle by having it towed at your risk and expense, and we may hold the vehicle until all outstanding debt has been paid and in addition to or as an alternative to issuing a notice. If we have your car towed, you agree that the vehicle will be released only upon payment of the release fee from the towing company AND payment of any outstanding debt owed by you to us.
RESPONSIBILITY FOR DAMAGE OR INJURY
4. You are liable for any damage to the car park caused by you or your vehicle.
5. While we shall take all reasonable care, we cannot guarantee the security of your vehicle or its contents.
6. We accept no liability for any claim by you or any other person, including (but not limited to) any claim for loss or damage to your vehicle or any other vehicle OR for loss or damage to the contents of your or any other vehicle OR resulting from using the carpark or being unable to use the car park OR for negligence OR for personal injury OR otherwise. This applies even if we are negligent or in breach of this Agreement.
7. We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorized to accept any of your possessions for safe custody, except the keys to your vehicle where possession is taken at our request.
8. You agree to indemnify us in respect of any claim made against us arising from your use of the car park or the use of the car park by anyone else acting on your instructions or under your authority.
9. You agree that we may obtain the name and address of the owner of the vehicle from the motor vehicle register for such purpose of issuing a breach notice and pass this information to third parties for the purposes of debt recovery in accordance with these conditions.
10. If we fail to act or pursue any right or remedy available to us, this will not in any way prejudice our right to exercise that or any other right or remedy.
11. No one is authorized to amend these conditions on our behalf.
12. We may use visual and audio surveillance and recording equipment in and around this car park for the purpose of protecting our lawful interests, and for protecting the safety and security of our employees, agents and contractors, and our customers.
13. To avoid any confusion as to the meaning of these conditions:
(a) “claim” includes any claim for damage, loss or compensation, and any demand, remedy, liability or action.
(b) “damage” includes direct, indirect, consequential, and special damage.
(c) “notice” means Parking Enforcement Breach Notice.
(d) “outstanding debt” includes previous unpaid parking fees and/or unpaid notices.
(e) “vehicle” includes its accessories and contents.
(f) “we” and “us” means Parking Services Ltd and includes any of Parking Services Limited’s employees, agents, and independent contractors.
(g) “you” includes both the driver and the owner of a vehicle entering this car park.
(h) “your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.