Terms and Conditions of Parking & MembershipPlease read this document carefully. By parking in our car parks or applying for membership you agree to the terms as set out within this document.
1. DefinitionsIn these terms and conditions:
1. 'us' 'we' and 'our' means LonPark Limited whose registered office is at 259-261 Seven Sisters Road, London, England, N4 2DD; and
2. 'vehicle' means the vehicle which enters into the Car Park and includes any mechanical device on wheels or tracks, its equipment and accessories: and
3. 'PCC' means Parking Contravention Charge, a charge made for inconvenience caused by parking contraventions.
2. Our liabilitiesWe are responsible for using reasonable skill and care in the operation of the Car Park. However, that responsibility is limited and we are only liable as set out in (a), (b) and (c) below and have no other liability to you.
a) We are liable for any death or personal injury arising from our negligence and the negligence of our servants or agents. Nothing in these Terms and Conditions shall exclude that liability.
b) We are liable for the loss of or damage to or theft of or from, or temporary failure to deliver any vehicle or property belonging to you arising from our negligence and the negligence or dishonesty of our servants or agents.
c) Except as set out in condition 2(b), we shall only be liable for losses which were:
reasonably foreseeable at the time of entering into a contract with you on the basis of these Terms and Conditions; or
incurred as a result of our negligence or the negligence of our servants and agents; or
incurred as a result of our failure to comply with these Terms and Conditions.
Please note that although we have the above responsibility to you, you should bear in mind that public car parks are open to everyone. We cannot guarantee that people will not enter into the Car Park and cause damage to property or engage in criminal behaviour. Accordingly, you park in our Car Park at your own risk. We do not guarantee the security of your vehicle and/or its contents.
3. Application ProcessMembership is served on a first-come basis. Once full payment has been received will process you application and notify you by e-mail once it is approved. If your application is not successful then we will refund any payment made in full.
4. Membership cardsUpon successful application the member will receive their membership card. The member is responsible for the care of their membership card. Loss and/or damage must be reported to LonPark as soon as reasonably possible. There is a replacement charge of £10 for each card lost or damaged. Membership cards must be presented and scanned on each occasion that the member wishes to park their car. If you fail to bring your membership card you will be charged for parking at the current match parking rate for your desired car park and vehicle. Membership and cards are NOT TRANSFERREABLE. Any member found to be transferring or 'sharing' membership cards will have their membership cancelled and shall receive no refund.
5. ParkingAll members may arrive at their designated car park no earlier than 2 hours prior to match kick-off. Our car parks close one hour after the end of the match. As we manage mainly school car parks you may present a danger to pedestrians still using the schools gates to leave. You will also cause congestion at the car park which could be a nuisance to local residents. Do not use your car horn when entering or leaving the car park, except in accordance with the highway code. Please show consideration for pedestrians when entering and leaving the car parks.
Although you will choose you required car park when applying, we reserve the right to transfer members to local alternatives should any event prevent or restrict the use of any of our car parks. If you have to be transferred for any reason no refund will be made, nor any additional charges made to you.
Members who require parking but do not have the required level of membership will be charged at the current car park and vehicle rate. Members will be responsible for any damage they may have caused to car parks or property within the cars parks. Please unsure that you vehicle is locked and any valuables are removed from view. Members will park their vehicles at their own risk, LonPark Limited will accept no responsibility for any loss or damage incurred by any member.
Members agree to follow any reasonable instruction given by a steward. The car parks can be very busy and it is essential to the safe running of the car park that members comply with the stewards instructions.
6. Security of your vehicleUnless requested by a member of our staff not to do so, please ensure that before you leave the Car Park:
· your vehicle is securely locked;
· all of the windows of your vehicle are securely closed;
· if your vehicle is fitted with a vehicle alarm, steering lock, or similar device, that it is engaged.
Where CCTV cameras are installed in any of our Car Parks they are used to assist in the proper running of the Car Park. The CCTV cameras may also act as a deterrent to criminal activity. We are obliged by law to display signage in the Car Park advising that CCTV cameras are in operation. However, we do not make any representation as to the extent of coverage provided by the cameras and no guarantee is given as to the security of your vehicle in Car Parks where CCTV is installed.
7. PossessionsWherever possible please take your possessions with you when you leave your vehicle.
If you do leave possessions in your vehicle, you do so at your own risk. Therefore, please do not leave them where they are visible. You should lock them in the boot or in an equivalent, secure, out-of-sight storage area within your vehicle.
You are reminded that your motor insurance policy may not cover possessions in your vehicle. It may be possible to arrange separate insurance cover for such possessions and we encourage you to do so.
8. Courtesy to other customersIf you damage another customer's vehicle you should report the matter to us giving the registration numbers of both vehicles. You must also notify the owner of the other vehicle 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.
9. Safety in the car parkPlease drive carefully in the Car Park and obey the directional and other signs. Car parks can be dangerous. After you have parked your vehicle you must proceed immediately to the nearest exit, following the recommended route (if any). You must not, in any circumstances, exit the Car Park by walking under a vehicle exit barrier. Do not delay your exit from the Car Park and please supervise your children and pets who must be kept under your control at all times in the Car Park. For safety reasons you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing your vehicle.
10. Parking ContraventionsIt is important to the effective management of the Car Park:
1. that you park only in an area as directed by our stewards
2. that your vehicle does not remain in the Car Park for longer than the duration allocated and paid for.
If you do not comply with these requirements then we may issue you with a PCC Notice. Specific details as to the sum of the PCC Notice are available in each car park or may be obtained from our Customer Services team on 07938 015 126. We issue such notices because we will incur a loss as your actions will prevent the efficient management of the Car Park. The amount of the PCC represents a genuine pre-estimate of the additional expense incurred by us as a result of your incorrect parking. If you incur a PCC a Notice will be given to you or attached to your vehicle. If payment is received within 14 days of the PCC being issued, the amount of the charge will be reduced in accordance with the provisions of the Notice.
Payment may be made by one of the methods detailed in the 'Instructions for Payment' section of the PCC Notice. Please quote your vehicle registration number and PCC Notice number when making payment.
Failure to pay the PCC within 28 days of the PCC Notice being issued will result in us being entitled to take legal action against you for breach of contract, and may result in court proceedings.
We may request and obtain your (or the vehicle owner’s) personal details from the DVLA should you fail to make payment within 28 days. We will use your personal details only for the purpose of taking steps to recover payment of the PCC.
If you consider that we have wrongly issued a PCC Notice you may appeal, by writing to the address detailed on the PCC Notice itself. We will then consider your appeal and notify you of our decision. Please note that if your appeal is made within 28 days of the date of issue of the Notice, your payment period will be extended by the time taken to determine the appeal.
The use of this Car Park may be regulated by traffic orders or byelaws under which a penalty may be payable for failing to comply with these terms and conditions or the requirements of the relevant order or byelaw. In such circumstances, separate notices specifying the relevant order or byelaw will be displayed in the Car Park.
If the equipment in the Car Park is damaged by you, your vehicle or the passengers in the vehicle then, except where the damage arises from our negligence, we will seek to recover the cost of that repair and associated administration costs from you.
11. Access, re-location of vehiclesWe reserve the right to refuse the admission of any vehicle to the Car Park for any reason whatsoever.
We reserve the right to move vehicles within the Car Park, by driving or otherwise, using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to such extent as is reasonably necessary for the purposes of safety to persons or property to avoid obstruction or for the more efficient arrangement of our parking facilities at the Car Park.
We additionally reserve the right, where the Car Park has to be closed either permanently or temporarily in whole or in part or has to be evacuated in cases of emergency, to remove any vehicle at any time to any other reasonably convenient Car Park within our control or otherwise as may be expedient.
To the extent that it may be necessary to do so in the exercise of the rights conferred upon us under this condition, we reserve the right to drive or otherwise take your vehicle onto a public highway. In doing so we will take reasonable care of the vehicle.
12. Payment and disposal of abandoned vehiclesWe 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.
Before proceeding with the disposal of abandoned vehicles, we will:-
make reasonable enquiries with a view to identifying and contacting the registered owner of the vehicle in question;
give 28 days notice of our intention so to do to the registered owner by pre-paid post addressed to the registered owner’s last known address.
Abandoned vehicles will be sold by auction whenever practicable and the proceeds of 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.
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.
13. Claims and complaints procedureIf your vehicle sustains damage while in the Car Park or if you lose your vehicle or any of your possessions from your vehicle while it is in the Car Park, you should:
1. immediately either inform a member of our staff at the Car Park or notify our Customer Services Team on 07932 559 453
2. in the case of theft, immediately inform the police;
3. notify your insurers promptly.
4. If you consider that you have a claim against us you must write to our Customer Services Team within seventy-two (72) hours of discovery of the loss, damage or theft giving full details of the occurrence. Before submitting a claim we ask that you satisfy yourself that the subject matter of your claim lies within the areas of our responsibility set out in condition 2.
If you wish to make a claim or to register a complaint about the service that you have received please write to the Customer Services Team at LonPark Limited, 259-261 Seven Sisters Road, London, England, N4 2DD.
14. Variation of the terms and conditionsThese Terms and Conditions shall not be varied except in writing by our Company Secretary. Nothing said or done by any of our employees or agents is or will be capable of varying these Terms and Conditions.
15. GeneralEach of these Terms and Conditions shall be construed separately, applying and surviving even if for any reason other provisions are held inapplicable or unenforceable in any circumstances.
15. Jurisdiction Each of the parties to this Agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the exclusive jurisdiction of the courts of England.