Non Pay & Display Car Park Terms & Conditions
Please read these terms and conditions carefully.
This Car Park is private land and is operated by IPSERV Limited (Company Number 10633959) with the authorisation of the land owner.
By entering with your vehicle into the car park you are entering into a contract with us and agree to these terms and conditions. It is important for the effective management of the Car Park that these terms and conditions are complied with at all times. We may vary these terms and conditions from time to time. These terms and conditions together with the information on any signage in the Car Park and the terms issued with any parking permit that you may have form our agreement with you.
In this agreement the term “Car Park” means any car park operated by us which does not operate pay and display parking tariffs.
1. The Car Parks
1.1 Details of the persons eligible to park in our managed Car Parks are displayed on signs in each Car Park.
1.2 Persons using our Car Parks must only do so in accordance with these terms and conditions which form part of our agreement with you. You must at all times comply with both these terms and conditions and the terms displayed on any signage in the Car Park.
2. Parking Contraventions
2.1 You agree on entering the Car Park to comply with these terms and conditions and the terms set out in any signage in the Car Park which is important for the effective management of the Car Park including;
(a) park within the confines of a marked parking bay;
(b) not park in a parking bay designated for a specific use when you are not entitled to do so, such as bays designated for use by disabled persons without an appropriate disability badge displayed (please note that we do not operate a Blue Badge Scheme);
(c) comply with any maximum stay period as advertised in the Car Park;
(d) only enter onto the Car Park with a permitted vehicle type as advertised on the signage;
(e) register/enter your vehicle registration mark details if required as directed by any signs in the Car Park;
(f) park only during the opening hours of the Car Park;
(g) display a valid parking permit where you are parking in a Car Park for which we operate a permit scheme and comply with any terms and conditions issued with your parking permit;
(h) not stop or wait in the Car Park at any time including the accessways or roads;
(i) secure your vehicle;
(j) not cause an obstruction of any part of the Car Park, including to access ways, roads or any of the parking bays.
3. Parking Spaces
3.1 Entering into this contract with us including obtaining a parking permit does not guarantee you a parking space in any of our Car Parks or priority over any customers.
3.2 If you decide not to park or are unable to find a parking space you should exit the Car Park immediately to prevent any parking charge arising.
3.3 Parking is at the absolute discretion of the site.
3.4 We may use ANPR cameras in our Car Parks to calculate the point of entry time to the point of exit time to calculate the length of your parking stay.
4. Parking Charge Notices
If you fail to comply with these terms and conditions or the terms advertised in any signs in the Car Park, you will become liable to pay the sum specified on the signs in the Car Park (“the Parking Charge”). If the Parking Charge is due we will issue you with a Parking Charge Notice requiring you to pay the Parking Charge, and we may further charge an additional sum (being an estimate of the additional expenses we will incur as a result of your breach including without limitation debt recovery costs) if you fail to pay the Parking Charge.
Any complaints about the service you have received or claims against us, should be addressed to IPSERV Limited, Grafton House, Russell Road, Ipswich, IP1 2DE. Our complaint procedure is set out in full on our website www.ipserv.co.uk/complaints-procedure
6. Activities that Are Prohibited
6.1 You (or anyone appointed by you) must not do any of the following in the Car Park:
(a) tow any vehicle into or out of the Car Parks without prior consent;
(b) clean or do any work on any vehicle, other than with prior consent;
(c) sell, hire or otherwise dispose of vehicles or goods or carry out services or business activities within the Car Park without prior consent;
(d) dispose of any items or drop litter in the Car Park;
(e) pour petrol, or any other fuel into your vehicle or take petrol or any other fuel out of your vehicle;
(f) engage in anti-social behaviour, including (but not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. If an individual engages in any of these behaviours or causes a nuisance or disturbance to others, action may be taken against them. Our Car Parks are to be used for the sole purpose of parking vehicles.
(g) If your vehicle has broken down you must contact us using the contact details from time to time displayed in the Car Park, and inform us of your arrangements to have your vehicle repaired or removed. You must ensure that your vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park, and follow any reasonable instructions of Ipserv and its employees or agents regarding any such repair or removal in that regard.
7. Your Personal Information
8. IPSERV’s Obligations to You
8.1 IPSERV will use reasonable care and skill when managing a Car Park, and we are responsible to you for foreseeable loss and damage caused by us in carrying out that service. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen.
8.2 IPSERV is responsible for and does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation.
8.3 Car Parks managed by us are accessible by members of the public and/or other Car Park users and IPSERV cannot guarantee the security of your vehicle and/or its contents in our Car Parks.
8.4 We suggest that you do not leave your possessions visible in your vehicle. We are not liable for theft of your possessions by third parties.
8.5 It is your responsibility to:
(a) secure your vehicle when it is left in our Car Parks; and
(b) take your possessions with you when you leave your vehicle, or if you leave possessions in your vehicle ensure that they are not visible;
and IPSERV takes no responsibility for losses or damage arising as a result of your failure to do so.
8.6 IPSERV has no responsibility for repair and maintenance of the surface of the Car Park, or general site safety.
9. Abandoned Vehicles
9.1 If IPSERV believe a vehicle to be abandoned at any time we may report it to the landowner and/or a lawful authority and/or request that a lawful authority to remove and dispose of the vehicle.
9.2 Where we reasonably believe a vehicle to have been abandoned we may use any legal means available to us to remove and dispose of the vehicle as we see fit, having first referred the matter to the appropriate authorities which may include the DVLA and the police. If you leave your vehicle for 30 days in one of our managed Car Parks we shall be entitled to regard that vehicle to have been abandoned.
9.3 Before disposing of any abandoned vehicle we will;
9.3.1 Make reasonable enquires to identify and contact the registered keeper of the vehicle; and
9.3.1 Give 30 days notice (being reasonable notice) of our intention to dispose of the vehicle to the registered keeper.
9.4 In circumstances where we dispose of an abandoned vehicle any proceeds of sale or scrappage will be applied towards satisfaction of all sums owing to us including with the expenses of the sale or other disposal and any storage costs that we have incurred. Any balance of the proceeds of disposal that remain after applying sums owned to us will be held on behalf of the registered keeper for the period of 1 year.
10. Moving Vehicles
10.1 We may at our sole discretion move or relocate vehicles within our managed Car Parks by any means appropriate if we think it necessary for health & safety reasons, to avoid obstructions, or where it is necessary to close or partially close the Car Park.
10.2 We may move your vehicle if directed to do so by the Police, Fire Service or other authority.
11. Variation of the Terms and Conditions
These Terms cannot be varied except in writing by IPSERV.
Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
IPSERV Limited (”IPSERV”) of Grafton House, Russell Road, Ipswich, IP1 2DE is a company controlled by
Ipswich Borough Council and registered with company number 10633959. This Car Park is managed by IPSERV Limited (Company Number 10633959).
By parking your vehicle in our car park you agree to these terms and conditions which form the contract between you and us.