Terms & Conditions of Sovereign Car Park

1.

(a)           The Company means North Somerset District Council and its Managing Agents.

(b)          The Licensee means every person entering the car park and all property (including      vehicles) at any time upon the car park.

  1. “Vehicle” includes former vehicles and parts of vehicles and accessories of vehicles.

“Costs” and “costs and expenses to the Company” includes internal costs to the Company of doing anything or dealing with any matter and the certificate of the Chief Finance Officer or other accountant of the company shall be conclusive as to the amount of such internal costs.

3.

(a)          Where persons take a ticket to enter the car park such persons agree to accept the following conditions and their obligations arise in contract.

(b)          All other Licensees are subject to these conditions because these conditions are conditions of the license to enter the car park.

  1. The car park is open for the hours of opening displayed at the entrance to the car park and vehicles may not enter the car park outside of these hours.
  2. The Company may refuse to permit a vehicle to be removed if a ticket therefore is not produced.
  3. The Licensee shall, if required by the Company, give his or her name and address and produce evidence of his or her identity.
  4. The Company may refuse to permit a vehicle to be removed if the charge for parking thereof is not paid.
  5. The Licensee shall pay the charge for parking the vehicle at the rates so displayed at the entrance to the car park.
  6. The Company at any time for the purpose of repair of the car park or safety of the car park or other Licensees or where obstruction is being suffered by any Licensee whether the obstruction is caused solely by the obstructing vehicle or by that vehicle in conjunction with other circumstances require a vehicle( being in the case of obstruction or the obstructing vehicle) to be moved within the car park or removed from the car park and any such requirement shall be complied with immediately and in cases of obstruction or of emergency the Company may itself move a vehicle or remove the same from the car park and leave it where it thinks fit without in either case taking possession thereof.
  7. If a vehicle is left in the car park for more than one month the Company may remove the vehicle the same without thereby taking possession thereof.

 

 

 

 

  1. If a vehicle is left in the car park for more than three months the Company may remove the same without taking possession thereof or may at its sole option take possession of the vehicle and sell or arrange for it to be sold at such price as the Company may consider reasonable and any balance of the proceeds of sale, after deduction of parking charges and all other costs and expenses to the company in relation to the vehicle shall be paid by the Company to the owner of the vehicle, subject to proof of title provided that a claim is made within six months of the date of first parking. Any balance unclaimed for six months shall become the absolute property of the Company.
  2. The Company may at any time after removing the vehicle from the car park or after taking possession thereof under the foregoing conditions deliver the same into the possession of such person as the Company may deem fit.
  3. The Company may at any time after removing a vehicle from the car park or after taking possession thereof under condition 11, dispose of the same at a car dump or refuse tip if the Company reasonably forms the opinion that the vehicle could not be sold in its condition at the time of forming such opinion at a price of more than £300 on the open market.
  4. The Licensee shall pay to the Company if so required by the Company the cost of any removal taking possession or disposal of a vehicle brought on to the car park by him.
  5. Except in relation to the liability of the Company under conditions 20 and 21 the Licensee shall indemnify the Company against any claim costs demand liability action proceedings judgement or order whether justified or unjustified relating or alleged to relate to any vehicle (or proceeds of sale thereof) removed, taken possession of, moved, delivered into the possession of any person, disposed of, sold or Arranged to be sold or substance removed or disposed of by the Company in exercise of its powers under conditions 9,10,11,12 and 13 and 24hereof or by any person in any vehicle so removed or moved.
  6. The Company gives to the Licensee permission to enter upon the car park.
  7. The Licensee shall not use the car park for any other purpose than the parking of cars and passage to and from vehicle and the car park entrance and exits.
  8. The Licensee shall leave the car park immediately if so required by the Company.
  9. Save as provided in conditions 20 and 21 the Company shall not be liable to the Licensee for any damage, injury or loss to the licensee whether arising at common law including contract and tort, in equity under statute or by virtue of any relationship including that of bailment or arising in any other manner whatsoever and without prejudice to the generality of the foregoing shall not be under any liability in respect of damage injury or loss to the Licensee caused by any third party.
  10. The Company shall be liable to the Licensee in respect of the car park to the extent of the common duty of care imposed by the Occupiers Liability Act 1957.
  11. The Company shall not by virtue of condition 19 hereof be exempt from any liability to the licensee arising under the tort of negligence save that in determining the standard of car so arising the Company shall not be under any duty to protect against damage or theft by third parties.

 

  1. The Licensee shall not cause any damage to the car park. The Licensee shall keep under control children in their care and shall be severally responsible for all damage caused by children brought upon the car park by them or entering upon the car park at their invitation or instructions.
  2. The Licensee shall observe all directions and signs for control and regulation of traffic and pedestrians.
  3. No Dangerous or inflammable substance shall be brough upon the car park save petroleum spirit in the enclosed fuel tanks of vehicles. If any such substance is upon the car park and not in the enclosed fuel tank of a vehicle, it shall forthwith be removed from the car park by the Licensee in possession thereof and may so be removed by the company and disposed of by way of the Company. No Filling or emptying of Fuel tanks is permitted.
  4. Lights and engines of vehicles which are stationary must be switched off.
  5. Where any Licensee has been requested to leave the car park and has failed to do so the permission given to enter the car park shall cease and that licence may be treated as a trespasser who has been requested to leave but these conditions other than condition 16 shall continue to govern the legal relationship between the Company and the Licensee.
  6. The Company may at any time refuse permission to enter the car park.
  7. No vehicle may be towed into the car park and no work on or cleaning of vehicles by customers or their agents shall be done in the car park.
  8. No activity in connection with the selling, hiring or other disposal of the vehicle shall be carried out in the car park.
  9. Liability of the Company

Customers are asked to remember that while in operation a public car park is open to everyone. The staff have instructions to remove persons misbehaving themselves;, but is impossible to exclude undesirables altogether and the Company cannot therefore guarantee the security of your vehicle or its contents.

  1. Complaints

Should your vehicle suffer damage whilst in the car park or should you lose the vehicle of any of your possessions from your vehicle whilst it is in the car park you are requested:

  • Immediately inform a member of our staff of the occurrence and also
  • In cases of theft, immediately to inform the police and
  • To notify your insurers promptly.
  1. Variation of the 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 duly authorised officer of the company.

 

October 2023.