General Car Park Terms and Conditions

IMPORTANT NOTICE

ENTRY TO AND USE OF THE CAR PARKS IS SUBJECT TO THESE CAR PARK TERMS OF USE

ALL CUSTOMERS ARE REQUESTED TO READ THESE CAR PARK TERMS AND CONDITIONS CAREFULLY AND TO FOLLOW THE RECOMMENDED PROCEDURES. THEY ARE FOR YOUR BENEFIT. SHOULD YOU WISH TO MAKE A COMPLAINT YOU ARE REQUESTED TO FOLLOW THE COMPLAINTS PROCEDURE SET OUT IN CONDITION 2 BELOW, WHICH WILL ENSURE THAT YOUR COMPLAINT IS DEALT WITH EFFICIENTLY.

DEFINITIONS

In these Terms & Conditions the following words have the following meanings:

“Contract” means the contract made between The Chapelfield Partnership and the Buyer for the supply and purchase of the services formed in accordance with these Terms & Conditions;

“Consumer” means person who, not acting in the course of a business or profession, purchases products and/or services from The Chapelfiled Partnership within the context of parking.

“The Company” means Chantry Place – The Chapelfield Partnership, whose registered Office is Pennine Place, 2a Charing Cross Road, London, England, WC2H 0HF and includes the company’s servants, employees and agents. You understand and agree that the Company will be represented in relation to these Terms & Conditions by the Chantry Place centre management office.

“Customer” means any person who uses the Car Park whether by him or herself, or his or her servants or agents or as servant or agent for anybody else and any person having any propriety, possessors, financial or material interest in the vehicle.

“Entrant” means any natural person who enters or is in the Car Park whether or not the Customer. Except where expressly qualified person includes companies, firms and associates incorporated or un-incorporated; words in singular shall where applicable include the plural.

“Online Prebooking” means the purchase of a parking product via The Company’s parking website.

“Reservations” means the purchase of a parking product via the Chantry Place parking website.

“Right of withdrawal” means the right to cancel the Season Ticket purchase within 14 days of the day on which the agreement is concluded.

“Terms & Conditions” means these terms and conditions;

“Withdrawal Period” The period of 14 days from the day of entering into the agreement, during which the Consumer has the right to withdraw from an Online purchase.

LEGAL RELATIONS

The Company is only providing a space for parking your vehicle and the fee is solely in proportion to the time spent in the Car Park. The Company therefore has no obligation to maintain custody over the vehicle or its contents.

The Company, its servants and agents shall not be liable in respect of any loss or mis-delivery of or damage to the vehicle, howsoever, except where the same may be caused by the negligence or breach of statutory duty of the Company, its servants or agents (in the case of the Company only), or the dishonesty of its servants or agents.

The Company, its servants and agents shall not be liable in respect of death or personal injury sustained by the entrant howsoever the same may be caused, except where the same may be caused by the negligence or breach of statutory duty of the Company, its servants or agents.

The customer will indemnify the Company against all claims, demands and costs whatsoever arising out of or in connection with the presence of the vehicle in the Car Park unless the Customer shall prove that the loss, damage, death or injury is the subject of the matter of such claims, or demand was caused solely by the negligence or breach of statutory duty of the Company, its servants or agents.

Every person who enters into contract with the Company for the parking of a vehicle at the Car Park, whether by purchasing a ticket or otherwise, does so on behalf of him/herself and all other customers (as herein defined) and warrants his/her authority to so contract.

 

YOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 1 AND 10.

1.OUR LIABILITY

1.1. Customers are asked to remember that a public car park is open to everyone. The staff have instructions to remove persons misbehaving themselves however, we cannot guarantee the security of you, your vehicle or its contents. Accordingly, we, our servants and agents will accept liability in respect of any loss or theft or damage to your vehicle and/or liability for death or personal injury only where the same is proved and to the extent that is proved to be caused by our negligence, wilful act or default or breach of statutory duty or that of our servants and agents.

COMPLAINTS

2.1. Should you and/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 a car park, you are requested to:

2.1.1. immediately to inform a member of staff to the occurrence.

2.1.2. in the case of theft, report it to the Police and make a note of the reference number.

2.1.3. notify your insurers promptly.

2.2. If you consider that you have a claim against the Company within Condition 1, we request that you promptly after the discovery of the loss or damage, give written notice containing full details of the occurrence to us at Chantry Place Shopping Centre. 40-46 St Stephens Street, Norwich, NR1 3SH.

2.3. Before submitting a complaint to the Company, you are requested to check Condition 1 and to satisfy yourself that the subject matter of your claim falls within our area of responsibility.

2.4. Failure to comply with the above procedure may prejudice your position.

SECURING YOUR VEHICLE

3.1. Unless requested by us or one of our employees or agents not to do so, or you have a good reason not to do so, please ensure that before you leave the car Park:

3.1.1. your vehicle is securely locked;

3.1.2. all the windows of your vehicle are securely closed;

3.1.3. if your vehicle is fitted with a steering lock or similar security device, that it is engaged.

POSSESSIONS

4.1. Wherever possible, please ensure that you take your possessions with you when you leave your vehicle. If you have to leave your possessions in your vehicle, make sure they are out of sight. You are reminded that your motor insurance policy may not cover possessions in vehicles. It may be possible for you to arrange separate insurance cover for possessions, and we recommend that you do so.

COURTESY TO OTHER CUSTOMERS

5.1. Should you damage another customer’s vehicle you are requested to report the matter immediately to a member of our staff and give them the registration number of your vehicle and the damaged vehicle.

SAFETY IN THE CAR PARK

6.1. The car park is to be used only for lawful purposes.

6.2. The car park can be dangerous:

6.2.1. abide by the usual rules of the road and take notice of all markings and signs (static and digital) especially in relation to giving way to other vehicles, watching for pedestrians and stopping.

6.2.2. after you have parked your vehicle please proceed to the nearest exit. All exits are sign posted.

6.2.3. do not wander about the car park.

6.2.4. keep a careful eye on people in your care.

6.2.5. do not permit children to play in the car park.

6.2.6. there is a maximum speed limit in this Car Park of 5 mph.

6.2.7. Do not leave animals unattended in your vehicle

PARKING TICKETS AND AUTOMATIC NUMBER PLATE RECOGNITION (“ANPR”)

7.1. Parking tickets or ANPR entry are valid only for the vehicle to which it is issued or registered on the car park parking system.  These do not entitle the customer, unless otherwise specified, to any particular space in the Car Park or to priority over other customers.

7.1.1. ANPR cameras are used to monitor and record vehicle entries and exits to and from the car park.

7.1.2. The Owner may seek to recover unpaid charges using ANPR information

7.1.3. The company reserves the right to refuse to allow entry or to release any vehicle except on production of a valid parking ticket or ANPR registration.

7.1.4. Customers who cannot produce their valid parking ticket or ANPR registration will be charged full daily rate plus any charges for previous days parked in the Car Park.

7.1.5. If a customer enters an incorrect vehicle registration number into a pay machine and pays the displayed free for the incorrect vehicle, this payment is non-refundable as you have paid for services used by another. Extreme care should be taken to ensure that the registration number entered is correct in the first instance, as you will still be required to pay the fees owed for your vehicle.

7.1.6. These cameras may collect your personal data. For further information regarding the processing of personal data by us, please read our privacy policy located at: https://chantryplace/privacy-policy/

7.2. The ticket issued to you is for use only for the vehicle in respect of which it is issued. A ticket (including a Season Ticket) does not entitle you (unless otherwise specified by us) to any particular space in the car park or to priority over other customers. Payment for a ticket (including a Season Ticket) does not guarantee you a parking space. All Season Tickets remain our property, and it must be returned to us on expiration.

7.3. We reserve the right to refuse to lift the fixed barrier if you are unable to produce a valid car parking ticket/Season Ticket until we have made such enquiries as we consider reasonable. Failure to produce a valid ticket or valid Season Ticket may therefore delay your departure.

7.4. If you do not pay the charges you owe, you agree that the Company, its representatives, and contractors may contact DVLA to request details of the registered owner using ANPR information.

7.4.1 If you still do not pay such charges following receipt of the notice, the Owner, its representatives, and contractors reserve the right to take legal proceedings to recover the unpaid charges and any reasonable related legal costs.

AGENCY

8.1. Every person who enters into a contract with the Company for the parking of a vehicle at the car park, whether by purchasing a ticket or otherwise, does so on behalf of themselves and all other persons having proprietary, possessory or other financial or material interest in the vehicle and/or its contents.

MOVING AND RE LOCATION OF VEHICLES

9.1. We reserve the right to move any vehicle within the Car Park by driving or other means to such extent as we, our servants or agents at their discretion think necessary to avoid obstruction, for the more efficient arrangement of parking facilities and/or for health and safety reasons.

LIENS

10.1. We reserve the right to hold your vehicle until we have received payment for all parking charges due to us and we reserve the right to refuse any vehicle until those charges have been paid.

10.2. If you intend to leave your vehicle in the Car Park for more than 48 hours, we recommend that you notify us of your intention to do so.

10.3. 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 without prior notification and which is not known to be covered by a current valid season ticket.

10.4. Before proceeding with the disposal of abandoned vehicles, we will;

10.4.1.1 Make reasonable enquires with a view to identifying and contacting the registered owner of the vehicle in question;

10.4.1.2 Give 28 days’ notice of our intention to do so to the registered owner by pre-paid post addressed to the registered owner’s last known address.

10.5. Abandoned vehicles will be sold by auction whenever practicable and the proceeds of the sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and in connection with such sale, we shall be entitled to charge reasonable garage charges in respect of the period during which the vehicle is in our possession.

10.6. Any balance of these sales proceeds remaining after satisfaction of such sums shall be held by us on behalf of the registered owner of the vehicle and paid over on proof of entitlement.

11 TARIFFS

11.1. The applicable daily tariffs shall be displayed on the Tariff Board at the entrance to the Car Park.

11.2. If you have a Season Ticket, car parking prices will be dealt with in the documentation provided to you.

12 PROHIBITED ACTIVITIES

12.1. No vehicle shall be towed into the Car Park and no work on or cleaning of vehicles by customers or their agents shall be done in the Car Park.

12.2. No activity in connection with the selling, hiring or other disposal of the vehicle shall be carried out in the Car Park.

DAMAGE TO BARRIER ARMS

13.1.1 If a customer’s vehicle strikes a barrier arm and causes it to become detached from the barrier column, The Company will carry out an assessment to determine liability. Where sufficient evidence (such as CCTV, witness statements, or other reliable records) reasonably shows that the driver or keeper of the vehicle was at fault, the registered keeper, nominated driver, or any person insured to drive the vehicle (with at least third-party cover) will be responsible for a fixed charge of £100. This charge reflects the reasonable and genuine pre-estimate of the costs of inspection, assessment, and replacement parts necessary to reattach the barrier arm.

13.1.2 If the barrier arm is damaged beyond repair or cannot be refitted, The Company reserves the right to seek recovery of the reasonable and evidenced costs of repair or replacement, including labour and any associated expenses, either directly from the responsible party or via a claim against the relevant motor insurance policy.

13.1.3 All incidents involving contact with or damage to a barrier arm must be reported to The Company immediately. Failure to report may result in the matter being referred to the Police and/or may be considered an aggravating factor in any claim.

13.1.4 This clause does not limit The Company’s right to recover costs for damage to other property arising from the same incident. All claims will be supported by evidence and calculated in accordance with the requirements of the British Parking Association (BPA) or International Parking Community (IPC) Code of Practice.

PREBOOKING TERMS AND CONDITIONS

Please read carefully. This is a safety notice with conditions that may affect your legal rights. Everyone entering the car park is bound by the Terms and Conditions and entry to the Car Park will bind them to these Terms and Conditions. They must: follow the procedures outlined and obey the directions displayed on signs, notices, markings, etc. Please remember that the Car Park is open to the public and it is not possible to guarantee the security of your vehicle and its contents.

TICKETS / PARKING PRODUCT

The ticket / parking product which is purchased through the Chantry Place car park website does not entitle the Customer to any particular space in the Car Park or to have priority over other Customers.

FEES

Pre-booking fees are displayed online and when placing the booking. Prices may be altered from time to time at the sole discretion of the Company. The prices quoted are inclusive of VAT. In default of production of a ticket, booking confirmation or ANPR registration the Company may refuse to release the vehicle until it has made such enquiries as it may determine. In this regard, the Company may require the Customer to provide proof of ownership of the vehicle, proof of identity and to complete and sign such declarations as the Company may deem appropriate for the release of the vehicle. Customers who cannot produce their ticket, booking confirmation or ANPR registration on departure will be charged the full daily rate for the day of departure plus any charges for previous days parked in the Car Park.

CANCELLATION POLICY

All online pre-bookings are non-refundable.

REFUNDS

If you feel you require a refund, please visit: https://chantryplce.co.uk/contactus and follow the online instruction. Our team will then investigate the request and if necessary, will be happy to provide a refund. Please note that no refund will be provided where a cheaper price could have been paid at the car park. Our pre-booking products are not compatible with any other promotions or discounts including third party offers except when offered as a pre-booking promotion code. Refunds will only be considered where proof of payment is supplied with the request.

PURCHASE POLICY

All purchases are subject to credit or debit card authorisation and billing address verification which may take place after initial confirmation has been given.
Occasionally, for reasons outside of the control of The Company, bookings may be amended or cancelled. Should this occur, we will endeavour to contact you either by phone and/or e-mail with the contact details you provided at the time of booking. If cancelled, you will be refunded the full amount paid at the time of your original booking via the method of payment you used to make that booking.
Please check your bookings before confirming payment, as mistakes cannot always be rectified.

We regret that bookings cannot be exchanged or refunded after purchase except when a cancellation request is made in accordance with the cancellation policy which is advertised within this document and on the frequently asked questions.

If a purchased booking is re-sold or transferred for profit or commercial gain by anyone other than the relevant Car Park owner it will become voidable, and the holder may be refused entry to the Car Park. The Company reserves the right to cancel any bookings advertised or published in any manner with the intent to resell for profit or commercial gain.

By consenting to these terms and conditions you explicitly agree to permit The Company to contact you by email or telephone or both of these methods for the purpose of ensuring service delivery. You can withdraw this consent at any time by contacting The Company in line with GDPR Guidance.

PROHIBITED ACTIVITIES

No vehicle should be towed into the Car Park and no work, or cleaning of the vehicle shall be done in the Car Park except by authorised servants or agents. No activity in connection with the selling, hiring or the disposal of the vehicle shall be carried out in the Car Park

PRIVACY POLICY

The use of Chantry Place car park website(s) and/or any services and products (collectively, the “Website”) provided by The Company are subject to the provisions of this Privacy Policy, including any amendments or updates hereto. If you do not agree to this Privacy Policy, please do not use the Website. The Company takes your privacy seriously. We gather certain types of information about our users, and we want to help you understand the terms related to the collection and use of the information which we collect. The Company discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information in this Privacy Policy: https://chantryplace.co.uk/privacy-policy