NOTE: THESE TERMS AND CONDITIONS CONTAIN EXEMPTION AND INDEMNITY CLAUSES WHICH AFFECT ALL PERSONS WHO ENTER OR USE THE CAR PARKS WHETHER OR NOT THEY ARE CUSTOMERS.
1. DEFINITIONS
a) “The Company” shall mean LCP Parking Services Limited, LCP Quantum Ltd or LCP Harlesden Ltd or any subsidiary or affiliated company which is managing an LCP Car Park.
b) “The Car Park” shall mean any Car Park managed, operated or controlled by the Company.
c) “Customer” shall mean any Person who uses the Car Park, whether by himself or by his servants or agents or as servant or agent of another, and any Person having any proprietary, possessory or other financial or material interest in a Vehicle.
d) “Vehicle ” shall mean any vehicle that is received into the Car Park and shall include trailers, containers and any mechanical device on wheels or tracks, its equipment and accessories and all articles left in or on it.
e) “Entrant” shall mean and shall include any natural Person who enters or is in the Car Park, whether or not a Customer.
f) “Person” shall include companies, firms and associations, incorporated and unincorporated.
g) Words in the singular shall where applicable include the plural; words importing the masculine meaning shall include the feminine meaning.
2. OBLIGATIONS OF THE COMPANY
The sole obligation that the Company undertakes towards any Customer, in consideration of the fee or fees paid by that Customer, is an obligation to provide a space in which that Customer may park a Vehicle.
In particular, but without prejudice to the generality of the foregoing, the Company does not undertake to provide for the security of or any supervision over Vehicles which are parked in the Car Park, and in any proceedings brought against the Company alleging negligence, the Company’s duty of care towards the Customer and towards any other Entrant shall be defined accordingly.
3. VEHICLES- EXEMPTION FROM LIABILITY
The Company shall not be liable in respect of any loss or misdelivery of or temporary failure to deliver or damage to any Vehicle, howsoever the same may be caused, unless the same shall have been caused by the negligence or breach of statutory duty of the Company, it’s servants or agents acting in the course or their employment by the Company, or the dishonesty of the Company servants or agents acting in the course of their employment by the Company; PROVIDED that the Company shall not as aforesaid be or be deemed to have been negligent or in breach of it’s statutory duty by reason of a failure to provide for the security of or supervision over the Car Park at any time.
4. ENTRANTS-EXEMPTION FROM LIABILITY
The Company shall not be liable in respect of any death, personal injury, loss or damage sustained by any Entrants howsoever the same may be caused, unless the same shall have been caused by the negligence or breech of statutory duty of the Company servants or agents acting in the course of their employment by the Company; provided that the Company shall not as aforesaid be or be deemed to have been negligent or in breech of it’s statutory duty by reason only of a failure to provide for the security of or supervision over the Car Park at any time.
5. AGENCY OF PERSONS CONTRACTING
Every Customer who enters into a contract with the Company for the parking of a Vehicle at the Car Park, whether by purchasing a ticket or otherwise, shall be deemed to do so on behalf of himself and all Entrants with whom he has any relation whatsoever whether personal or otherwise, and warrants his authority so to contract.
6. INDEMNITIES BY ENTRANTS AND CUSTOMERS TO COMPANY
Any Customer or Entrant, as the case may be, shall indemnify the Company against all liabilities, claims, charges, demands and costs whatsoever arising out of, or in connection with, the presence of the Vehicle in the Car Park unless the loss, damage, death or injury the subject matter of such liabilities, claims, charges, demands or costs shall have been caused by negligence or breach of statutory duty of the Company, it’s servants or agents acting in the course of their employment by the Company.
7. MOVING OF THE VEHICLES
The Company, it’s servants or agents shall have the right to move the Vehicle by driving or otherwise within or outside the Car Park to such extent as the Company, it’s servants or agents may in their discretion think necessary to arrange it’s parking facilities.
8. LIENS
Every Vehicle in the Car Park shall be subject to a lien for all charges due or accruing due from the Customer to the Company, and to a general lien for all and any monies due from the Customer to the Company, such liens being deemed to be in existence whenever the Vehicle shall be in the Car Park notwithstanding that it may from time to time have been removed from the Car Park. If any such lien shall not be satisfied with payment, within 28 days notice given by the Company of its intention to sell or otherwise dispose of the Vehicle in default of payment, then title to the Vehicle shall forthwith vest in the Company and the Company shall be entitled to sell the Vehicle by auction or otherwise to remove or have moved the Vehicle from the Car Park and the proceeds of any such sale may be applied in towards satisfaction of all sums owing to the Company by the Customer together with expenses of and in connection with such sale, and for the purpose of such sale the Company shall be entitled to charge the reasonable or usual selling commission and also reasonable garage charges in respect of the period during which the Vehicle shall have been in possession of the Company. The Company on behalf of the registered owner of the Vehicle shall hold any balance of purchase price remaining after satisfaction of such sums. Notice of such intention aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by pre-paid post addressed to the registered owner at his last known address, whether or not the same is actually received.
9. DISPOSAL OF VEHICLES
In the event that any Vehicle shall have remained in the Car Park (other than by special arrangement with the Company) for a period in excess of one month during which time no charges therefore shall have been paid, title to the Vehicle shall forthwith pass to the Company, and the Company shall be entitled to dispose of the Vehicle as it thinks fit, without prejudice to any claims which the Company may have against the Customer.
10. TICKETS
a. Any ticket issued unless otherwise specified in writing by the Company shall be available only for the Vehicle in respect of which it is issued. A ticket, including a season ticket, shall not entitle the Customer unless otherwise specified in writing by the Company to any particular space in the Car Park nor to priority over other Customers. A season ticket shall remain the property of the Company to which it shall be surrendered on expiration.
b. In default of production of a ticket, the Company may refuse to release the Vehicle until it has made such enquires as may appear to it to be reasonable.
11. TARIFF
Parking fees may be displayed from time to time on a tariff board at the Car Park and are subject to change, at any time, by the Company.
12. PROHIBITED ACTIVITIES
a. No Vehicles shall be towed into the Car Park, and no work on or cleaning of the Vehicles by the Customer shall be done in the Car Park.
b. No activity in connection with selling, hiring or other disposal of the Vehicle shall be done in the Car Park.
13. ALTERATIONS TO TERMS AND CONDITIONS
No Person has any authority to vary or alter these Terms and Conditions unless such variation is in writing under the hand of a Director of the Company.
14. TERMINATION
All advance contract parking payments are non-refundable and non-transferable. The contract will be renewed automatically unless written notice is received at least one month prior to vacating the premises.
15. COMMUNICATIONS
All communications to the Company should be directed to LCP Parking Services Limited at Whistler Tower, Edith Grove, SWIO OED or its registered office at Fraser Ross House, 24 Broad Street, Stamford, Lincs PE9 IPJ.