Legal

Terms and Conditions

This Agreement (the ‘Agreement”) is between a) Premium Car Parks Limited (hereafter “PCP” ”we”, “us” or “our”), with registered number 11461247 and whose address is Sheeplands Farm, Twyford Road, Wargrave, Berkshire, RG10 8DL; and b) an individual (hereafter “you”, “your” or “Customer”) acting in the course of a business who is not a consumer (as defined by the Consumer Rights Act 2015) and who wishes to use PCP’s Parking Facilities.

(each a “Party” and together the “Parties”)

Please read the Terms and Conditions (the “Terms and Conditions”) in this Agreement carefully as they will form the basis of the contract between you and PCP in relation to the use of our Parking Facilities. PCP displays this Agreement on the Website and reserves the right to update it from time to time and will notify you by email or by notice on the Website whenever we do so. By opening a PCP Account and by using any Nominated Car Park you agree to be bound by these Terms and Conditions as well as the terms of use for (each of) your Nominated Car Park(s). We particularly draw your attention to clause 7 (Your Responsibilities) of this Agreement.

1. Defined Terms

The following terms used throughout these Terms and Conditions shall have the following meanings:

1.1. “Authorised Vehicle” means any vehicle displaying the vehicle registration you have registered on your PCP Account. You may only register one vehicle per account.

1.2. “Commencement Date” means the date on which your PCP Account is registered and will be notified to you by us upon your PCP Account being successfully registered.

1.3. “Data Protection Laws” means any applicable laws relating to the processing, privacy and use of Personal Data including the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679).

1.4. “Fees” means any parking charges, administration fees, or other fees and charges levied by us from time to time in accordance with these Terms and Conditions.

1.5. “Go Cardless” is an organisation independent of PCP whose website is www.gocardless.com and which PCP has selected to undertake direct debits on PCP’s behalf.

1.6. “Nominated Car Park” means one or more of our Parking Facilities which you have selected and in which you are authorised to park under your PCP Account.

1.7. “Nominated Car Park Available Days” means the days which each Nominated Car Park is accessible by you.

1.8. “Nominated Car Park Specific Instructions” means the intructions informing you how you must park in each Nominated Car Park.

1.9. “Parking Facilities” means car parks which PCP offer to its Customers which are advertised on the Website.

1.10. “PCP Account” means the arrangement by which you are given access to our Website and our Parking Facilities and which is governed by this Agreement.

1.11. “Personal Data” means all personally identifiable data relating to you held by us in connection with your PCPAccount (including your name, email address, address, telephone number, vehicle registration number(s) and bank account details).

1.12. The “Website” means www.premiumcarparks.co.uk.

1.13. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.14. Any words following the terms such as: “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. How this Agreement is Formed

2.1. When opening your PCP Account, you will be requested to confirm your acceptance of these Terms and Conditions as well as the terms of use of your Nominated Car Parks. The contract between you and PCP will only be formed once you have acknowledged that you have read these Terms and Conditions and the terms of use of your Nominated Car Park(s) and confirmed your acceptance of each of these. After opening your PCP Account, you will receive an email from us acknowledging that you have successfully registered.

3. Personal Data

3.1. To register for a PCP Account, you must provide us with your name and your company name, contact email address, billing address, telephone number and the details of a valid account from which PCP can deduct payments.

3.2. We require the vehicle registration number for the authorised vehicle(s) on your account. We may also require other reasonable information from time to time.

3.3. If paying by direct debit, you will be required to set up an account with a third party payment processor (whose terms and conditions can be provided upon request) through which PCP collects direct debits for its invoices. Use of a third party payment processor account shall be subject to the terms and conditions of the relevant third party payment processor and such terms shall be deemed to be incorporated within this Agreement on a pass-through basis. You may be required to set up a User ID for your third party payment processor account and, other than the ability to collect payments, PCP does not have access to such account nor your personal details within the same (including your bank account and other personal details).

4. Using your PCP Account and Fees

4.1. Access to your Nominated Car Park(s) is not guaranteed as it is subject to availability of car parking spaces.

4.2. Access to each Nominated Car Park is only permitted on the Nominated Car Park Available Days.

4.3. Continuing access to each Nominated Car Park is subject to your adhering to the Nominated Car Park Specific Instructions.

4.4. Only one of your Authorised Vehicles can be present in a Nominated Car Park at any point in time.

4.5. In the event that the forecasted demand is likely to exceed the available spaces, PCP reserves the right to temporarily suspend your right to access any of your Nominated Car Park(s) by notifying you in accordance with clause 9 at least seven days in advance of such suspension with such notice to include the time period of suspension.

4.6. Access, use and parking of the Authorised Vehicle(s) in the Nominated Car Park(s) is entirely at your risk and the owner of the Nominated Car Park(s) will have no liability whatsoever in respect of you, your vehicle or the contents of your vehicle.

4.7. Access, use and parking at each Nominated Car Park is subject to its hours of operation.

4.8. The car park owner is entitled to exclusive control and possession of the Nominated Car Park and nothing in this Agreement is intended to create a tenancy of the Nominated Car Park (or any part of it, including in relation to any particular parking bays).

4.9. You will be able to use your PCP Account to access a Nominated Car Park by using the automatic number plate recognition (commonly known as ANPR) at the entry and exit once the ANPR system has been updated with your vehicle registration number(s).

4.10. Unless otherwise agreed in advance in writing between the Parties, the Fee for each Nominated Car Park is that which was displayed on the Website at the time of your selecting that Parking Facility in your PCP Account but may be amended by PCP from time to time. PCP will notify you by email or by notice on the Website whenever a change to the Fee for your Nominated Car Park(s) takes place.

4.11. For Customers who make payment via direct debit, subject to clause 4.12 and 5.6, you will incur Fees only on the days which you park in each Nominated Car Park and on each of those days you may exit and return to that Nominated Car Park as many times as you wish without incurring additional Fees.

4.12. PCP may charge a minimum monthly fee of four days parking at the daily rate of your Nominated Car Park (or if you have multiple Nominated Car Parks, whichever one attracts the lowest daily Fee).

4.13 PCP reserves the right to charge rates at their sole discretion and as varied from time to time, including but not limited to offering discounts and/or promotions.

5. Authority and Payment

For Customers who make payment via direct debit (including via third party payment processors)

5.1. By confirming the bank account details for your PCP Account, you are instructing us to take payment and you:

(a)warrant to us that you are authorised to use the bank account for payment purposes; and

(b) authorise us to take payment from the bank account for the Fees, and any other payments and amounts owing or charged in accordance with these Terms and Conditions.

5.2. Your invoice will be available to view in the “Invoices” section of your PCP Account, around the 7^th or 8^th of each month for any days that you have parked prior to the end of the previous month and which have not already been included in a previous invoice that has been settled.

5.3. Payment will be taken monthly via direct debit from the bank account registered with your PCP Account around the 15^th of the relevant month, but no sooner than five working days after the invoice has been sent, unless otherwise agreed in writing between the Parties.

5.4. You will immediately notify us if you dispute any invoice. Both Parties will negotiate in good faith to attempt to resolve the dispute promptly. If the dispute is not resolved within 30 days of such notice, if in our sole discretion we believe payment should be made, we reserve the right to suspend services until we are satisfied the dispute has been resolved and we have received payment in full. Where we have sufficient evidence you have been overcharged, you will be reimbursed by way of credit note.

5.5. If you believe there has been an error in taking payment from the bank account you must contact us as soon as possible so that we can attempt to resolve the problem. If we cannot resolve the problem you should refer it to your financial institution.

5.6. If we cannot process payments that are due from your PCP Account it will be put on restricted use meaning that you may be prevented from entering and/or exiting a Nominated Car Park until such time as you settle the due amounts in full.

5.7. If you fail to meet your payment obligations under these Terms and Conditions, PCP reserves the right to:

5.7.1. levy a failed payment charge of £10 for each occasion that the payment request is refused;

5.7.2. charge interest at the rate of 2% of the unsettled amount for any month or part month that the account is in arrears; and

5.7.3. levy other reasonable charges should PCP require the use of any debt recovery services.

For Customers who make payment via BACS (Bankers' Automated Clearing Services)

5.8. You will receive an invoice around the 7^th or 8^th of each month for any days that you have parked prior to the end of the previous month and which have not already been included in a previous invoice that has been settled.

5.9. You will make payment for any undisputed invoice no later than 14 days from the date of the invoice, unless otherwise agreed in writing between the Parties.

5.10. You will immediately notify us if you dispute any invoice. Both Parties will negotiate in good faith to attempt to resolve the dispute promptly. If the dispute is not resolved within 30 days of such notice, if in our sole discretion we believe payment should be made, we reserve the right to suspend services until we are satisfied the dispute has been resolved and we have received payment in full. Where only part of an invoice is disputed, you will pay the undisputed amount in accordance with clause 5.9 above.

6. Termination

6.1. You may terminate this Agreement with immediate effect by notifying PCP with 30 days notice in accordance with clause 9.

6.2. PCP may terminate this Agreement by providing you with 30 days notice in accordance with clause 9.

6.3. Without affecting any other right or remedy available to it, PCP may terminate this Agreement with immediate effect if:

6.3.1. you fail to pay any amount due under this Agreement on the due date for payment; or

6.3.2. you do not park for a minimum of 4 days excluding Saturdays and Sundays per calendar month; or

6.3.3. you do not use your PCP Account to access a Nominated Car Park for a period of more than 60 consecutive days; or

6.3.4. you commit a material breach of any term of this Agreement and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified to do so; or

6.3.5. in our reasonable opinion, you:

6.3.5.1. have misused or made fraudulent or illegal use of your PCP Account; or

6.3.5.2. have made any use of the PCP Account in a manner not authorised or permitted under the Terms and Conditions; or

6.3.5.3. have failed to adhere to the terms of use of (any of) your Nominated Car Park(s); or

6.3.5.4. are not using the service for your business parking requirements.

6.4. In the case of any fraudulent or illegal use we reserve the right (acting reasonably) to refuse to:

6.4.1. open another PCP Account on your behalf; and/or

6.4.2. provide any other services or products offered by PCP.

6.5. Any termination of your PCP Account is without prejudice to any accrued rights or remedies that you or we may have and you will remain liable for any Fees that have been accrued up to the time of termination and for any additional charges after that date should the account not be settled in a timely manner in accordance with the terms of this Agreement.

7. Your Responsibilities

7.1. You will use your PCP Account only for the purpose, and in the manner, permitted in this Agreement and in compliance with all applicable laws.

7.2. You agree:

7.2.1. that you are at all times responsible for paying any amounts due under this Agreement in full and ensuring there are sufficient clear funds available in your bank account to meet your payment obligations;

7.2.2. to ensure that at all times a valid payment instruction is associated with your account;

7.2.3. to ensure that we are updated about any changes to your vehicle registration number(s) registered to your PCP Account and that you will be responsible for paying any amounts due in relation to vehicle registration number(s) registered to you within your PCP Account;

7.2.4. to ensure that we are updated about any changes to your Personal Data;

7.2.5. to only use your PCP Account personally and for your business parking requirements and only in relation to your Authorised Vehicle(s) at a Nominated Car Park; and

7.2.6. to adhere to the terms of use of each Nominated Car Park.

8. Liability

For individual customer accounts

8.1. We are responsible to you only for loss or damage you suffer which is a foreseeable direct result of a breach on our part of our duties of reasonable care and skill in respect of your PCP Account. This does not exclude any liability which would otherwise exist in respect of personal injury or death resulting from our negligence or any other matters that cannot be excluded under the laws of England and Wales.

8.2. Our maximum aggregate liability to the Customer, arising out of or in connection with this Agreement, whether in contract, tort, negligence or otherwise shall in no event exceed £1,000 (one thousand pounds).

For corporate / business accounts

8.3. References to liability in this clause 8 include every kind of liability arising under or in connection with the Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.4. Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

8.5. Nothing in this clause 8 shall limit the Customer's payment obligations under the Agreement.

8.6. Nothing in the Agreement limits any liability which cannot legally be limited, including but not limited to liability for:

8.6.1. death or personal injury caused by negligence;

8.6.2. fraud or fraudulent misrepresentation; and

8.6.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.7. Subject to clauses 8.2 and 8.3, our maximum aggregate liability to the Customer, arising out of or in connection with this Agreement, whether in contract, tort, negligence or otherwise shall in no event exceed £1,000 (one thousand pounds).

8.8. PCP will not be liable for any consequential loss or damage, loss of profits, goodwill or any type of special or indirect loss (including loss or damage suffered by the Customer (as the case may be) in respect of any breach of its contractual obligations arising under this Agreement or for any representation, statement or tortious act or omission (including negligence) of it arising under or in connection with this Agreement even if such loss was reasonably foreseeable.

8.9. You should be aware that the Parking Facilities are open to the general public. We cannot guarantee that members of the general public will not enter our Parking Facilities and cause damage to property and/or engage in criminal activity. Accordingly, you park your Authorised Vehicle in a Nominated Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.

8.10. Any possessions left in your vehicle are left entirely at your risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.

8.11. This clause 8 shall survive termination of the Agreement.

9. Notices and Communications

9.1. Provided that any electronic communications are sent to the most up to date email address provided by the receiving Party, both Parties agree to receiving communications and information by email and acknowledge that all notices, information and other communications provided electronically comply with any legal requirement that such communication be in writing.

9.2. Notices can alternatively be in writing and either delivered by hand, courier or mail to:

9.2.1. the address in this Agreement (as updated from time to time) for notices to PCP;

9.2.2. the address we hold in your Personal Data (as updated from time to time) for notices to you.

9.3. If you have any questions or queries you can either call our customer contact centre on 0333 222 9090 or email us at info@premiumcarparks.co.uk.

10. Use of Personal Data and Data Protection

10.1. We will store, process and use all Personal Data provided by you in connection with your PCP Account which is necessary in order to perform our contract with you. This will be in accordance with the requirements of applicable Data Protection Laws and our Privacy Policy: https://www.premiumcarparks.co.uk/legal-privacy-policy as updated from time to time..

10.2. We use Personal Data in the following ways:

10.2.1. to provide the service and in particular to provide access to your Nominated Car Park(s);

10.2.2. to process payments;

10.2.3. to communicate with you about payments and information relating to a PCP Account;

10.2.4. to update our records;

10.2.5. to create and maintain your PCP Account;

10.2.6. to enable third parties to carry out technical, logistical or other functions on our behalf;

10.2.7. to provide you with requested information or correspondence, such as a response from us to an enquiry made by you; and

10.2.8. to send you details of your new, amended or cancelled transactions.

10.3. Your contact details may be used to supply, by telephone, email, SMS or post, information to you about us and to send you occasional marketing material where you have consented to receive this, such as information about PCP special offers which we think you might find valuable.

10.4. You can unsubscribe to any non-mandatory notifications at any time.

10.5. Your Personal Data is important to us and we will not share this with anyone else, unless it is essential to provide the service or we have your express consent. We will never disclose, rent, trade or sell your Personal Data to any third parties for their marketing or mailing purposes.

10.6. If PCP is sold or its business is transferred to another company, we may transfer all of our rights and obligations under this Agreement without any further notification to you and we may also disclose or transfer all Personal Data to a prospective or new owner. Such disclosure shall not alter your rights in respect of the use that can be made of such Personal Data by such other company.

11. Waiver

11.1. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

11.2. A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

12. Severability

12.1. If any provisions of this Agreement are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term will, to the extent that it is invalid or unlawful, be severed from our contract which will continue to be valid to the fullest extent permitted by law.

13. Variation

13.1. PCP may alter, amend and re-issue these Terms and Conditions at any time as required by any change in law, regulation, practice and/or internal procedure with notice to the Customer. If these Terms and Conditions are altered, amended or re-issued, a copy of those Terms and Conditions will be made available to the Customer.

14. Subcontracting, Assignment and Third-Party Rights

14.1. You are not entitled to assign, charge, sub-contract or transfer our contract or any part of it without our prior written consent.

14.2. We may assign, charge, subcontract or transfer the contract or any part of it to any person.

14.3. Any person who is not a Party to this Agreement shall not have any right to enforce any term which expressly or by implication confers a benefit on that person without our prior written agreement.

15. Law and Jurisdiction

15.1. Nothing in these Terms and Conditions shall take away or modify any of your legal rights or entitlements.

15.2. This Agreement and any dispute arising out of or in connection with it or its subject matter or formation shall be governed by the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.

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