1. DEFINITIONS
In these Terms the following words have the following meanings:
‘the Company’ or ‘we’ or ‘us’ means Chambers Parking Limited;
‘the Customer’ or ‘you’ means any person, firm or company who enters or uses the Car Park including without limitation parking in the Car Park or purchasing a Ticket or a Season Ticket from us;
‘Car Park’ means the car park located at Trafalgar Street, Leeds, West Yorkshire, LS2 7BF;
‘Charges’ means the charges for using the Car Park for non-Season Ticket holders as displayed on tariff boards within the Car Park and changed by us from time to time.
‘Parking Period’ means the length of time that a Season Ticket purchased by a Customer is valid for;
‘Season Ticket’ means a ticket to use the Car Park for a Parking Period purchased in accordance with clause 13; and
‘Ticket’ means a ticket to use the Car Park which is not a Season Ticket.
2. INFORMATION ABOUT US
2.1. We operate the Car Park.
2.2. We are Chambers Parking Limited, a company registered in England and Wales under company number 05633398 and with our registered office at Hanover House, 22 Clarendon Road, Leeds, West Yorkshire, LS2 9NZ.
2.3. To contact us, please telephone us on 0113 234 0700.
3. THE COMPANY’S LIABILITIES
3.1. We are only responsible for loss or damage you suffer that is a foreseeable result of any breach by us of these Terms or negligence by us.
3.2. Subject to clause 3.1, you enter and/or use the Car Park entirely at your own risk.
3.3. We will not be responsible for any losses that are not foreseeable. Losses are foreseeable if they could be contemplated by both you and us at the time that you and/or your vehicle entered the Car Park.
3.4.Nothing in these Terms excludes our liability for:
3.4.1 the death of or personal injury to anyone if it is caused by our negligence, or the negligence of one of our employees, agents or subcontractors; or
3.4.2 fraud or fraudulent misrepresentation.
4. SECURING YOUR VEHICLE
Before you leave your vehicle please ensure:
4.1. that your vehicle is securely locked and the windows securely closed;
4.2. that the handbrake is applied;
4.3. if your vehicle is fitted with a steering wheel lock or similar device, that it is engaged; and
4 .4. that no person or animal is left in your vehicle.
5. POSSESSIONS
5.1. Wherever possible please take your possessions with you when you leave your vehicle.
5.2.If you leave possessions in your vehicle please leave them locked in the boot to ensure that they are not visible from the outside
5.3.It is your responsibility to ensure that you have appropriate car insurance in place before you enter the Car Park.
6. SAFETY IN THE CAR PARK
6.1. You must drive carefully in the Car Park and obey all directional signs and speed limits.
6.2. Once you have parked your vehicle please make your way to the nearest exit and beware of moving vehicles.
6.3. Children must not play in the Car Park and must not be left unaccompanied.
6.4. You must make sure that your vehicle is parked fully within a single parking space. Please do not park your vehicle over more than one parking space.
6.5. You must comply with all instructions or requests given by any of our employees, or anyone who we have authorised to act for us, for controlling and the positioning of vehicles within the Car Park.
6.6. All animals must be kept on a lead when outside a vehicle.
7. DISABLED CAR PARKING SPACES
7.1. You must only park in a disabled parking space if you have a disabled badge.
7.2. If you do park in a disabled parking space, you must ensure that your disabled badge is displayed on the windscreen of your vehicle at all times.
8. DAMAGE TO OTHER VEHICLES OR PROPERTY WITHIN THE CAR PARK
8.1. If you damage another vehicle or any property or structure within the Car Park, you will be liable and you must tell one of our employees as soon as possible.
8.2. If you damage another vehicle, you will be asked to give one of our employees the registration number of both vehicles, your full name and address and the name and address of your vehicle’s insurance company, together with your policy number.
8.3. You agree that, if you damage the Car Park in any way, you shall indemnify us fully against all costs and expenses suffered or incurred by us arising out of such damage caused by you.
9. PROHIBITED ACTIVITIES
9.1. Vehicles cannot be towed or pushed into the Car Park. The only way that vehicles are allowed to enter into the Car Park is by being driven in.
9.2. You are not allowed to carry out or authorise anyone else to carry out any work, maintenance or repairs to your vehicle whilst it is in the Car Park.
9.3. You are not allowed to wash or clean or authorise anyone else to wash or clean your vehicle whilst it is in the Car Park.
9.4. You are not allowed to sell or hire out your vehicle, or do anything which is connected with the sale or hire of your vehicle, whilst it is in the Car Park.
9.5. You are not allowed to park your vehicle anywhere that could cause obstruction to other Car Park users, whether this be by blocking the entrance/exit or by causing an obstruction inside the Car Park.
9.6. You are not allowed to do anything in the Car Park which is reasonably likely to annoy other users of the Car Park, or which may cause offence or inconvenience to us or any other user of the Car Park.
9.7. You are only allowed to park in the parking spaces which we have marked as being for customer use.
9.8. You are not allowed to park in a parking space that has been reserved for somebody else.
9.9. You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish/litter in the bins that are provided.
9.10. You must not leave shopping trolleys in the Car Park.
9.11. You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Car Park.
9.12. Smoking is forbidden within the Car Park.
9.13. You must not do anything in the Car Park which would be a breach of the law.
10. MOVING AND RELOCATION OF VEHICLES
10.1. If we, or anyone who we have authorised to act for us, think that your vehicle is causing an obstruction in the Car Park, or that your vehicle is not parked in the most efficient way, we have the right to move your vehicle to another parking space inside the Car Park, by driving it or otherwise.
10.2. If part of, or the whole Car Park has to be closed (either permanently or temporarily), or if the Car Park has to be evacuated, either in the case of an emergency or for other reasons, we have the right to refuse access to the Car Park and/or move your vehicle.
10.3. If we have to move your vehicle for either of the reasons above, we, and any persons who we have authorised to act for us, have the right to drive, or take your vehicle onto public roads.
10.4. If requested to do so by us, any of our employees or anyone who we have authorised to act for us, you must leave the ignition, boot, door and alarm keys to your vehicle with a person authorised by us to hold such keys.
10.5. We reserve the right to enter your vehicle (and to use force if necessary) in such a manner as we think necessary without being liable for damage caused to facilitate the exercise of any rights given to us in these Terms or to prevent any nuisance caused by your vehicle.
11. CHARGES AND PAYMENT
11.1. The Charges for using the Car Park will be displayed on tariff boards within the Car Park and may be changed by us from time to time.
11.2. Unless you have a Season Ticket, you must pay the Charges for using the Car Park which will be calculated with reference to the length of time that your vehicle remains in the Car Park commencing on entry into the Car Park at the rates shown on the tariff board.
11.3. You will be given a Ticket in respect of your parking in the Car Park. Your Ticket is specific to your vehicle and is non-transferable.
11.4. A Ticket does not entitle you to any particular space in the Car Park, unless you are told otherwise by us.
11.5. Your Ticket also does not give you priority over any other user of the Car Park.
11.6. Although we issue your Ticket to you, all Tickets belong to the Company.
11.7. If you cannot show us your Ticket, you may not be allowed to leave the Car Park until we have identified the reason for this. You may therefore have to wait some time before you are allowed to leave the Car Park if you cannot show us your Ticket.
11.8. If you do not have your Ticket with you when you leave the Car Park, you will have to pay the full daily tariff for each day that your vehicle was left in the Car Park.
11.9. We may keep hold of your vehicle until you have paid all the Charges that you owe us.
11.10. If we keep hold of your vehicle, and you still do not pay the Charges that you owe to us, we will write to you to let you know that if the Charges are not paid within 28 days, we will sell your vehicle to recover the amount that you owe. If we intend to sell your vehicle, we will write to the last known address of the registered keeper of your vehicle.
11.11. If we do sell your vehicle, and the proceeds from sale are more than the amount you owe us, we will hold the excess amount for the registered keeper of the vehicle, after taking off the costs of selling the vehicle. This will include any reasonable charges that we had to pay whilst the vehicle was in our possession.
12. ABANDONED VEHICLES
12.1. If it appears that your vehicle has been abandoned in our Car Park, we have the right to dispose of your vehicle in whatever way we think appropriate.
12.2. Before we do so, we will write to you to let you know that we will be disposing of your vehicle in 14 days. We will send our letter to the last known address of the registered keeper of your vehicle.
12.3. If we do sell your vehicle and the proceeds of sale are greater than the amount you owe us, we will hold the excess amount for the registered keeper of the vehicle, after taking off the costs of selling the vehicle and any removal and storage fees.
13. SEASON TICKETS
If you buy a Season Ticket, you must also comply with the following additional terms and conditions:
13.1. The price of a Season Ticket is £90 per calendar month. The price of a Season Ticket may be changed by us from time to time.
13.2. You must pay for your Season Ticket before you start using the Car Park. Your Season Ticket will specify the Parking Period for which it is valid. The maximum Parking Period is 3 (three) months.
13.3. If you would like to continue using the Car Park after the original Parking Period has expired as a Season Ticket holder, you must tell us before that original Parking Period expires. You must then purchase a new Season Ticket in accordance with this clause 13. If you do not pay for your new Season Ticket before the original Parking Period expires then any further use of the Car Park will be charged at the tariffs displayed on the tariff boards in accordance with clause 11.
13.4. Season Tickets are valid only for the Car Park and the Parking Period shown on the receipt, or otherwise agreed with us in writing. We reserve the right at any time to close either permanently or temporarily the Car Park for which the Season Ticket is valid.
13.5. Season Tickets are not transferable without prior written consent from us, such consent may be refused at our sole discretion.
13.6. We are entitled to cancel a Season Ticket at any time during the Parking Period. In such an event, we will refund the value of the unused part of the Parking Period to you unless such cancellation is as a result of your breach of any of these Terms.
13.7. No credits or refunds are given other than for total cancellation of the Season Ticket by us where you are not at fault. No credits are given for periods of non-use in the course of the validity of a Season Ticket.
13.8. A replacement Season Ticket will only be issued on receipt of written confirmation of its loss or damage. An administration fee may be applicable.
13.9. A Season Ticket does not guarantee a parking space.
13.10. Subject to the other provisions of these Terms, as a Season Ticket holder you will have access to the Car Park 7 (seven) days a week and 24 (twenty-four) hours a day for the duration of the valid Parking Period.
14. VEHICLE CLAMPING
If you park your vehicle in the Car Park but do not comply with or breach these Terms a clamp may be put on one of the wheels of your vehicle. You will have to pay us to have the clamp removed. We accept no responsibility for any losses suffered or costs incurred by you as a result of the clamping.
15. AGENCY
Every person, firm or company who enters or uses the Car Park does so on behalf of themselves and all other persons, firms or companies who have legal rights in the vehicle and any of its contents.
16. VARIATIONS OF THE TERMS
These Terms cannot be varied unless we expressly agree to the variation in writing.
17. THIRD PARTY RIGHTS
These Terms do not create any right enforceable by any person other than you or us.
18. ASSIGNMENT
18.1. We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms.
18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19. WAIVER
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
20. SEVERANCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21. GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You and we both agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.