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CAR PARK TERMS AND CONDITIONS OF USE

METRO CARPARKS LIMITED TERMS AND CONDITIONS FOR USE OF CAR PARKING FACILITIES AT THE GLASS HOUSE, UNION ROAD NOTTINGHAM.YOU ARE REQUESTED TO READ CAREFULLY THESE TERMS AND CONDITIONS OF ENTRY TO AND USE OF THIS CAR PARK AND TO RESPECT THE PROVISIONS CONTAINED HEREIN. SHOULD YOU WISH TO MAKE A COMPLAINT YOU ARE REQUESTED TO FOLLOW THE COMPLAINTS PROCEDURE SET OUT IN CONDITION 4 BELOW. THIS WILL ENSURE THAT YOUR COMPLAINT IS BROUGHT PROMPTLY TO THE ATTENTION OF OUR HEAD OFFICE STAFF.

1 DEFINITIONS

1.1 "Access Roads" means any roads leading to or from the Car Park.
1.2 "Car Park" means the car parking facilities at The Glasshouse, Union Road, Nottingham identified above.
1.3 "Customer" or "Customers" means the user or users of the Car Park.
1.4 "Pay Machine" means any pay on foot or pay and display machine situated in the Car Park.
1.5 "Reserved Space" means any parking space in the Car Park containing a notice indicating that it is a reserved for a specific person, firm or company.
1.6 "Reserved Parking: Additional Conditions" means any terms and conditions subject to which a Reserved Space is issued.
1.7 "Season Ticket" means any agreement between you and us for the parking of a Vehicle within the time period specified on the season ticket.
1.8 "Season Ticket Parking: Additional Conditions" means any Terms and Conditions subject to which a Season Ticket is issued.
1.9 "Tariff Board" means any board or notice at the Car Park containing a notice displaying the charges to be paid by the Customers.
1.10 "Terms and Conditions" means these terms and conditions.
1.11 "Vehicle" shall mean any vehicle (including any mechanical device on wheels or tracks, its equipment and its accessories) that is received into the Car Park.
1.12 "We, us, our, ourselves" means Metro Car Parks Limited whose registered number is 05270145 and whose registered office is c/o Thomas Fish and Sons Limited, Little Tennis Street, Nottingham, Nottinghamshire NG2 4EZ.
1.13 "Your, you, yourselves" means any person who uses any Access Road to gain access to the Car Park and uses the Car Park for the parking of a Vehicle.

2 BINDING EFFECT OF THESE CONDITIONS

2.1 These Terms and Conditions apply to the use by you of the Car Park. They apply to the exclusion of any other terms and conditions which you or anyone on your behalf purports to apply.
2.2 Nothing in these Terms and Conditions affect your statutory rights.
2.3 If you enter the Car Park or any Access Road, you accept these Terms and Conditions without qualification.

3 OUR LIABILITY

3.1 You are asked to remember that the Car Park is private property owned by us. It is open to members of the public who are to act in accordance with these Terms and Conditions. Our staff have instructions to remove persons acting other than in accordance with these Terms and Conditions but it is impossible to exclude such persons altogether. We cannot therefore guarantee the security of your Vehicle or any personal possessions left in your Vehicle and you must therefore ensure that you have appropriate and sufficient insurance to cover any loss, destruction, damage or theft of your Vehicle or any personal possessions left in your Vehicle.

3.2 Accordingly:

3.2.1 neither we nor our employees, servants or agents accept any liability for any loss destruction, damage, or theft to or from any Vehicle save as required by law, and
3.2.2 neither we nor our employees, servants or agents accept liability in respect of the death of or any personal injury sustained by you in the Car Park unless it is proven to be caused by the negligence, wilful misconduct or breach of statutory duty of us or our employees, servants or agents.

4 COMPLAINTS PROCEDURE

4.1 Should your Vehicle suffer damage or destruction whilst in the Car Park or should you lose the Vehicle or any personal possessions left in your Vehicle whilst it is in the Car Park, you are requested:
4.1.1 to immediately inform a member of our staff of the occurrence;
4.1.2 in cases of theft, to immediately inform the Police; and
4.1.3 to promptly notify your insurers.
4.2 If you consider that you have a claim against us for any loss, destruction, damage or theft of the Vehicle or any personal possessions left in your Vehicle, you should within seventy-two-hours of discovery of such loss, destruction, damage or theft give written notice containing full details of the occurrence to us at Metro Car Parks Ltd c/o Thomas Fish and Sons Ltd, Little Tennis Street, Nottingham. NG2 4EZ marked for the attention of The Managing Director. Before submitting such a claim to us, you are requested to review Condition 3 of these Terms and Conditions to satisfy yourself that the subject matter of your claim falls within our area of responsibility.

5 SECURING YOUR VEHICLE

5.1 Unless requested by us or one of our employees, servants or agents not to do so, please ensure that before you leave the Car Park:
5.1.1 your Vehicle is securely locked;
5.1.2 all the windows of your Vehicle are securely closed;
5.1.3 your Vehicle's brakes are engaged so that it shall remain stationary;
5.1.4 if your Vehicle is fitted with a steering lock or similar device, that it is engaged; and
5.1.5 no person or animal is left in your Vehicle.

6 POSSESSIONS

6.1 Wherever possible, please take all personal possessions with you when you leave your Vehicle.
6.2 If you have to leave any personal possessions in your Vehicle, please do not leave them on the seats where they are visible, instead place them in the boot that should then be locked.
6.3 Please be aware that the motor insurance policy for your Vehicle may not cover personal possessions left in your Vehicle. If such personal possessions are not covered, it may be possible to arrange separate insurance cover for such possessions and, if it is possible, you must ensure that you do so.

7 DAMAGE TO OTHER VEHICLES AND PROPERTY WITHIN THE CAR PARK

7.1 Should you damage another Vehicle or any part of the Car Park, you must report the matter immediately to a member of our staff and provide that member of staff with the registration numbers of each Vehicle (where appropriate), your full name and address, the name and address of your insurance company and your motor insurance policy number. You may be required to make good to our reasonable satisfaction any damage you cause to any part of the Car Park or to pay to us on demand the cost incurred by us in making good such damage.

8 SAFETY IN THE CAR PARK

8.1 Please drive carefully in the Car Park and obey the directional and other signs and all instructions or requests given or made from time to time by any of our employees, servants or agents regulating traffic and/or controlling the positioning of Vehicles within the Car Park.
8.2 Car parks can be dangerous. After you have parked your Vehicle, please proceed to the nearest passenger lift, stairs or exit which are signposted on all levels. Do not delay your exit from the Car Park and please keep a watchful eye on your children, who should not be permitted to play in the Car Park. Please also ensure that your animals are kept on a lead when outside your Vehicle.

9 TICKETS

9.1 The parking ticket issued is available only for the Vehicle in respect of which it is issued. No parking ticket issued, including a Season Ticket, entitles you, unless otherwise specified, to any particular space in the Car Park or to priority over any other Customer.
9.2 Except on your production on departure of the appropriate parking ticket issued to you for your Vehicle, we reserve the right to refuse to release your Vehicle until we have made reasonable enquiries. Failure to produce such parking ticket will therefore delay your departure.
9.3 If you cannot produce on departure the appropriate parking ticket issued to you for your Vehicle, you will be charged at the full daily rate specified on the Tariff Board at the Car Park.
9.4 All parking tickets issued are our property.
9.5 As the Car Park is a pay on foot car park, you should keep the parking ticket issued to you with you when you leave your Vehicle. If you lose your parking ticket, you will be charged at the rate specified in Condition 9.3 of these Terms and Conditions.

10 SEASON TICKET PARKING

10.1 If you have a Season Ticket, this will allow you to access the Car Park at the times specified on the Season Ticket. During these specified times, your use of the Car Park will be subject to the Season Ticket Parking: Additional Conditions together with these Terms and Conditions. Outside of these specified times, you must pay for your use of the Car Park and your use of the Car Park will governed solely by these Terms and Conditions.
10.2 Where there is any inconsistency between the Season Ticket Parking: Additional Conditions and these Terms and Conditions in relation to the operation of a Season Ticket, the Season Ticket Parking: Additional Conditions will take precedence.

11 RESERVED PARKING

11.1 If you have a Reserved Space, your use of the Reserved Space will be subject to the Reserved Parking: Additional Conditions together with these Terms and Conditions.
11.2 Where there is any inconsistency between the Reserved Parking: Additional Conditions and these Terms and Conditions in relation to your use of a Reserved Space, the Reserved Parking: Additional Conditions will apply.

12 AGENCY

12.1 Every person who enters into a contract with us for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, does so on behalf of himself/herself and all other persons having any proprietary, possessory or other financial or material interest in the Vehicle and/or any personal possessions in the Vehicle.

13 MOVING AND RE-LOCATION OF VEHICLES

13.1 We reserve the right to move Vehicles within the Car Park, by driving or otherwise, to such extent as is reasonably necessary to avoid obstruction or for the more efficient arrangement of its parking facilities at the Car Park.
13.2 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.
13.3 For the purposes of exercising and to the extent that it may be necessary to do so in the exercise of the rights conferred upon us under this Condition 13, we and our employees, servants or agents shall have the right to drive or otherwise take the Vehicle out of the Car Park and on the public highway.
13.4 If requested to do so by us or any of our employees, servants or agents, you must leave the ignition, boot, door and alarm keys to your Vehicle with a person authorised by us to hold such keys.
13.5 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 the rights given to us in these Terms and Conditions or to abate any nuisance caused by your Vehicle.

14 LIENS AND DISPOSAL OF ABANDONED VEHICLES

14.1 Your Vehicle, once it has entered the Car Park, becomes subject to a lien for all charges due or accruing and due from you to us and we therefore reserve the right to refuse to release your Vehicle until all such charges have been paid in full.
14.2 If you intend to leave your Vehicle in the Car Park for more than 14 days, you must notify us in writing in advance of your intention to do so.
14.3 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 14 days without prior notification and which is not known to be covered by a current valid Season Ticket.
14.4 Before proceeding with the disposal of any abandoned Vehicle, we will:
14.4.1 make reasonable enquiries with a view to identifying and contacting the registered keeper of the Vehicle in question; and
14.4.2 give 7 days notice of our intention to dispose of the Vehicle to the registered keeper by pre-paid post addressed to the registered keeper's last known address.
14.5 The disposal of any abandoned Vehicle will be by sale at auction whenever practicable and the proceeds of sale will be applied in and towards satisfaction of all sums owing to us by you together with our expenses in connection with such sale. We shall also be entitled to charge you reasonable garage charges in respect of the period during which the Vehicle was in our possession prior to the sale. Any balance of such sale proceeds remaining after satisfaction of all sums owing to us by you shall be held by us on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.

15 TARIFF

15.1 Parking fees shall be as displayed on the Tariff Board and may be altered at any time at our discretion.
15.2 In the event of any Pay Machine failure, we reserve the right to collect charges for parking at the exit of the Car Park as Vehicles leave.

16 PROHIBITED ACTIVITIES

16.1 No Vehicle shall:
16.1.1 be towed into the Car Park and no work on or cleaning of Vehicles by you or your agents is permitted in the Car Park;
16.1.2 obstruct any access or circulation area within the Car Park or any Access Road;
16.1.3 be parked other than within a designated parking bay;
16.1.4 cause any unnecessary noise, vibration or exhaust fumes within the Car Park;
16.1.5 be parked so as to take up more than one designated parking bay;
16.1.6 be parked in a no parking zone;
16.1.7 be parked on a double yellow line;
16.1.8 be parked within a time restricted parking area in excess of the time of expiry upon the ticket displayed;
16.1.9 be parked within a disabled parking bay without displaying the requisite disabled accreditation; and
16.1.10 be parked in a Access Road.
16.2 You shall not:
16.2.1 do anything in the use of the Car Park that may be a nuisance or inconvenience to us or any other Customer;
16.2.2 commit any act which may render valid or void any policy of insurance effected in respect of the Car Park;
16.2.3 deposit any rubbish, litter or refuse of any kind within the Car Park, other than in the proper receptacles provided for this purpose;
16.2.4 pour or transfer petrol or other fluids into or out of the fuel tank of any Vehicle;
16.2.5 park in any space designated as being reserved for another individual or company; or
16.2.6 carry out any activity in connection with the selling, hiring or other disposal of Vehicles in the Car Park.

17 PENALTIES AND ENFORCEMENT

17.1 Where you park your Vehicle in contravention of or otherwise in breach of these Terms and Conditions, we will be entitled (in our absolute discretion) to take the following action:
17.1.1 Apply a Penalty Charge Notice ('PCN')
A PCN may be attached to your Vehicle or handed to you. The PCN will specify :
- the sum you are required to pay
- the time within which payment must be made
- the address to which payment must be made.
The PCN will also explain that unless payment is made in accordance with its terms court action will be commenced to recover the sums due form you under the PCN together with any costs interest and any other sums legally recoverable; and/or
17.1.2 Apply a wheel clamp to your Vehicle
We adhere to the British Parking Association's Code of Practice for the clamping of Vehicles.
Where your Vehicle is clamped notices will be displayed in the Car Park giving a contact telephone number and also specifying the fee to be paid by you for the removal of the wheel clamp. On payment of the sum due the wheel clamp will be removed as soon as reasonably practicable: and/or
17.1.3 Remove your Vehicle
Where your Vehicle has been removed there will be notices displayed in the Car Park giving a contact telephone number and also specifying the sum to be paid before your Vehicle is to be released.
We accept no responsibility for any losses suffered or costs incurred by you as a result of the clamping or removal of your Vehicle under this Condition 17.

18 APPEAL PROCEDURE

18.1 It is our policy to enforce all fines and it is recommended that you make payment promptly.
18.2 We do operate a discretionary non-binding appeal procedure and may consider any mitigating circumstances you may have.
18.3 Details of the appeal procedure are available from us at our address set out above. Please note however that, even where you appeal, you must nevertheless make payment of any sums due to us. When we resolve in our absolute discretion that your appeal is successful, a sum will be deducted from any sums paid by you to cover our related administration expenses and the balance will be sent to you.

19 VEHICLE SIZE

19.1 You are required to observe all reasonable restrictions as shall from time to time be made by us in respect of the height, length or width of Vehicles to be parked in or allowed access to the Car Park.
19.2 It is your responsibility to ensure that your Vehicle satisfies any Vehicle size restrictions imposed within the Car Park. No refund will be given under any circumstances should a Vehicle fail to comply with any such restrictions and it is required to leave the Car Park.

20 VARIATION OF THE TERMS AND CONDITIONS

20.1 Any variation of these Terms and Conditions will be ineffective, unless such variation is agreed in writing by a director or any other duly authorised representative of the Company.

21 THIRD PARTY RIGHTS

21.1 These Terms and Conditions do not create any right enforceable by any person other than you or us.

22 GOVERNING LAW AND JURISDICTION

22.1 The construction, validity and performance of these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts.

SEASON TICKET PARKING: ADDITIONAL CONDITIONS

THANK YOU FOR BUYING A SEASON TICKET. WE AT METRO CARPARKS LIMITED WE APPRECIATE YOUR COMMITMENT AND, IN RETURN, WE HAVE GIVEN YOU A DISCOUNT OFF THE NORMAL COST OF PARKING. THIS INFORMATION IS TO HELP YOU GET THE MOST OUT OF YOUR SEASON TICKET. THESE SEASON TICKET PARKING: ADDITIONAL CONDITIONS ARE TO BE READ IN CONJUNCTION WITH OUR CAR PARK TERMS AND CONDITIONS OF USE. COPIES OF OUR CAR PARK TERMS AND CONDITIONS OF USE ARE AVAILABLE FROM WWW.METROCARPARKS.COM AND ARE PROMINENTLY DISPLAYED AT THE ENTRY TO AND WITHIN OUR CAR PARKS.
  1. In order for a Season Ticket to be obtained, it is necessary for payment to be made in full against our invoice or before the commencement date of the period that the Season Ticket covers. No exception to this requirement will be permitted.

  2. A Season Ticket is valid only in the Car Park for which it is issued and for the time period shown on the Season Ticket.

  3. A Season Ticket is particular to the purchaser and cannot be sold, transferred or assigned.

  4. Each Season Ticket remains the property of Metro Car Parks Limited.

  5. Each Season Ticket purchased relates to a single Vehicle of the type specified, it is not linked to any particular Vehicle of that type.

  6. Once a Season Ticket has been used when a vehicle leaves the Car Park, it should not be used again to secure the removal of another vehicle that was parked in the same Car Park at the same time as the first vehicle. If the ticket is so used, again we will have the right to require payment for the period of parking for the second vehicle at the prevailing rate for cash parking displayed upon our Tariff Board at the Car Park for the relevant period of parking.

  7. A car will only be allowed to leave the Car Park, under a Season Ticket arrangement, if a valid Season Ticket is produced at the time of exit. If a valid Season Ticket cannot be produced, it will be necessary to pay the prevailing daily cash due for the Car Park for the relevant period of parking. If you are unable to produce a valid Season Ticket because of a fault on our part, the amount paid will be reimbursed to you on application to Metro Car Parks Ltd c/o Thomas Fish and Sons Ltd, Little Tennis Street, Nottingham. NG2 4EZ, accompanied by one of our official receipts for each payment made.

  8. We reserve the right at any time to close either permanently or temporarily the Car Park for which the Season Ticket is valid.

  9. We shall be entitled at any time to cancel a Season Ticket during the period for which it is valid. In such an event, we will refund the value of the unused part of the Season Ticket's period of validity to you unless such cancellation is as a result of your breach of any of our Car Park Terms and Conditions of Use or any of these Season Ticket Parking: Additional Conditions.

  10. No credits or refunds are given other than for total cancellation of the Season Ticket. No credits are given for periods of non-use in the course of the validity of a Season Ticket.

  11. A replacement Season Ticket will only be issued on receipt of written confirmation of its loss or damage.

  12. Additional copies of our Car Park Terms and Conditions of Use and these Season Ticket Parking: Additional Conditions are available upon written request to us at our address set out in our Car Park Terms and Conditions of Use.

metro park & save card: additional conditions

Thank you for buying a Metro Park & Save Card. We at Metro Car Parks Limited appreciates your commitment and in return, we have given you a discount off the normal cost of parking. This information is to help you get the most out of your Park & Save Card. These Metro Park & Save Card:
Additional Conditions are to be read in conjunction with our Car Park Terms and Conditions of Use. Copies of our Car Park Terms and Conditions of Use are available from www.metrocarparks.com and are prominently displayed
at the entry to and within our car parks.

  1. In order for a Park & Save Card to be obtained, it is necessary for payment to be made in full before the commencement date of the period that the Park & Save Card covers. No exception to this
    requirement will be permitted.
  2. A Park & Save Card is valid only in the Car Park for which it is issued and for 12 months from the date of issue.
  3. A Park & Save Card may only be used between 00.01am on a Monday through to 23.59 on a Friday.
  4. A Park & Save Card is particular to the purchaser and cannot be sold, transferred or assigned.
  5. Each Park & Save Card remains the property of Metro Car Parks Limited.
  6. Each Park & Save Card purchased relates to a single Vehicle of the type specified, it is not linked to any particular Vehicle of that type.
  7. In the event of the Car Park being full, a Park & Save Card does not guarantee entry to the Car Park; you will need to wait in line for an available space to become available.
  8. Once a Park & Save Card has been used when a vehicle leaves the Car Park, it should not be used again to secure the removal of another vehicle that was parked in the same Car Park at the same time as the first vehicle. If the card is so used again, we will have the right to require payment for the period of parking for the second vehicle at the prevailing rate for cash parking displayed upon our Tariff Board at the Car Park for the relevant period of parking.
  9. A car will only be allowed to leave the Car Park, under a Park & Save Card arrangement, if a valid Park & Save Card is produced at the time of exit. If a valid Park & Save Card cannot be produced, it will be necessary to pay the prevailing daily cash due for the Car Park for the relevant period of parking. If you are unable to produce a valid Park & Save Card because of a fault on our part, the amount paid will be reimbursed to you on application to Metro Car Parks Ltd c/o Monk Estates, 7 The Ropewalk, Nottingham NG1 5DU, accompanied by one of our official receipts for each payment made.
  10. We reserve the right at any time to close either permanently or
    temporarily the Car Park for which the Park & Save Card is valid.
  11. We shall be entitled at any time to cancel a Park & Save Card during the period for which it is valid. In such an event, we will refund the value of the unused part of the Park & Save Card’s value to you, unless such cancellation is as a result of your breach of any of our Car Park Terms and Conditions of Use or any of these Metro Park & Save Card Additional Conditions.
  12. No credits or refunds are given other than for total cancellation of the Park & Save Card by Metro Car Parks as stated in clause 11. No credits are given for periods of non-use in the course of the validity of a Park & Save Card.
  13. A replacement Park & Save Card will only be issued on receipt of
    written confirmation of its loss or damage. Replacement cards will be charged at £15 per card.
  14. Additional copies of our Car Park Terms and Conditions of Use and these Metro Park & Save Card: Additional Conditions are available upon written request to us at our address set out in our Car Park Terms and Conditions of Use.
 
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