1) The Client is the Landlord/Leaseholder/Agent or Manager working on behalf of the landowner or legal occupier of the controlled parking area specified as the Site Address when creating an account. The service can also be employed by authorised agents of working on behalf of the landowner.
2) Euro Parking Services Limited will pay a commission of £10.00 per paid Parking Charge. All payments are made on a quarterly basic by cheque only. Each party will be accountable for their own VAT where applicable.
3) The Client gives Euro Parking Services Limited authority to pursue outstanding parking charges through the court if necessary.
4) Euro Parking Services Limited will supply warning notices which will state in clear terms the parking regulations which apply to the client’s site address.
5) The client will provide photographic evidence that the warning signs are clearly displayed when requested. All warning signs remain property of Euro Parking Services Limited and must be returned when requested.
6) The Client must take all reasonable measures to inform motorists of the introduction of the parking enforcement scheme.
7) Euro Parking Services Limited and the Client must read and comply with the relevant section of the IPC code of practice 4.1 and 4.2
8) Euro Parking Services Limited will provide the Client with a mobile application (Andriod/iPhone) to send vehicle images which are to receive parking charge notices. This is done by taking photographs of an offending vehicle using the application.
9) The service is free to the Client as it is funded from Parking Charge Notices payable to Euro Parking Services Limited, however Euro Parking Services Limited do reserve the right to charge a ‘No Usage’ fee of £200 should no Parking Charge Notice be paid within 1 year of the signage being provided to the Client.
10) The Client must ensure that when taking a photo of an offending vehicle the registration and signage is present in the photographs.
11) Euro Parking Services Limited will issue and enforce where possible Parking Charge Notices to all correctly reported vehicles.
12) All Parking Charge Notice charges will be in accordance with the charges clearly displayed on warning notices.
13) The Client may request the cancellation of a Parking Charge at their sole discretion within 21 days from the date the Parking Charge was issued. Should the client request the cancellation of a Parking Charge after 21 days but no later than 90 days, £2.50 cancellation fee will become payable by the client within 7 days from the date of the cancellation by the Client. No cancellation is possible after 90 days or in any case where the motorist has appealed to IAS (Independent appeal Service). Where a parking charge has been paid (partly or in full), no refund/cancellation will be possible.
14) The Client will not engage in collecting any monies from Drivers or Keepers of offending vehicles directly or indirectly.
15) The Client shall act in a professional and responsible manner at all times.
16) Euro Parking Services Limited operates a comprehensive appeals procedure and reserves the right to withdraw a parking charge, refund a parking charge and close the clients account if the correct procedures are not followed.
17) Upon termination, all warning signs must be returned to Euro Parking Services Limited.
18) All complaints and appeals from both the Client and the motorists must be made in writing to Euro Parking Services Limited.
“Drivers” mean the people who drive a motor into or onto the premises.
“Enforcement Notice” means the notice confirming the Parking Charge Notice (PCN).
“The Creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle (Euro Parking Services Ltd)
“Enforcement Policy” means parking terms, conditions and contraventions:
A) A valid permit must be displayed inside the front windscreen on the vehicle in full view at all times with all details clearly visible (motorcyclists and disabled are not exempt.
B) All vehicles must park correctly within marking of the bay or space.
C) If parked within a disabled bay, a valid disabled badge must be clearly visible.
D) Paton’s parking whilst on the premises only.
E) No parking Zones must be adhered to; for the purpose of using the facilities at the Premises only or such regulations as the company at its sole discretion shall apply. Any vehicle that does not comply with the Enforcement Policy is considered a nuisance (to the extent of ‘trespassing’), its is contravening the terms and conditions of the car park and is therefore to be issued with an Enforcement Notice.
“PCN (Parking Charge Notice) Charge” means the rate set at a level to deter drivers from parking at the site in breach of the Enforcement Policy. The rate set shall be £100 reduced to £60 if paid within 14 days of the issue; which the company is in absolute discretion collects from the drivers parked in contravention of the enforcement policy.
“Relevant Land” means any land proposed through the online self-ticketing application process (including land above or below ground level) other than—
(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b) a parking place which is provided or controlled by a traffic authority;
(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
“Premises” means (Site Address/Relevant Land) and for the purpose of Self-Ticketing the relevant details provided in the Car Park Name or Details Section of the application, hereby referred to as Premises/site/relevant land:
or(as the case may be) any other Premises in which for the time of the Scheme is in operation with the consent of the client.
“Signage” means signs displayed at the Premises.
“Scheme” means the car park monitoring operation and any associated items and includes (where appropriate) all replacements thereof and additions thereto and any other equipment and means (including but not limited to, bollards, posts, speed bumps, traffic calming equipment, cabinets and underground cabals) which the company may use at the Premises to impose the Enforcements policy.
“The Company” means Euro Parking Services Ltd.
2.1) This agreement shall come into force when the Client has accepted the terms and conditions online and submitted the form.
2.2) This agreement shall continue in force for a Fixed period of 12 months commencing from the date of this agreement. At the end of the Fixed Period, this agreement shall be automatically renewed for a further 12 months unless terminated by either party giving to the other not more than one hundred 120 (120 days of less that ninety (30) days prior written notice to expire at the end of the Fixed Period, time to be of the essence.
3] Company’s rights and obligations
3.1) The Company shall impose the Enforcement Policy.
3.2) In the event of signage requires the consent of the local planning authority, the client seek permission/concent from the authority. The client shall inform the company if the signage is damaged, requires repair or replacement.
3.3) In the event of the Enforcement Notice levied in error, the Company shall cancel the enforcement notice at no expense to the client is made within 21 days form the date of the issue of the parking charge notice.
3.4) The Company shall have the absolute right to determine whether any PCN Charge is properly due and owing and the client shall raise no objection to the decision of the company which shall be final.
3.5) The Company has an absolute right to assign the benefit of this Agreement and may subcontract any element if it so desires. The company may instruct any other or any other company it chooses to operate the Parking System/Scheme and Enforcement Policy.
3.6) The Company may use any other system to impose the Enforcement Policy (inter alia ticketing, manual patrols, CCTV, ANPR) as it sees fit. The Company will install its signage and then carry out research into driver behaviour/patterns (for the Company’s own use only) before continuing the rest of the Scheme.
3.7) The Company agrees to carry public liability insurance in such amounts as shown below and to pay all premiums thereon when due. Public liability £5,000,000 each occurrence but unlimited in period of insurance. Employer’s liability £10,000,000 any one occurrence.
3.8) The Company agrees to be a member of an Approved Operator Association/Scheme such as the IPC (Independent Parking Committee.)
3.9) The Company may end/terminate the Association with the BPA or IPC and assign the benefit of this Agreement and may subcontract any element if it so desires. The company may any other or any other company it chooses to operate the Parking Scheme and Enforcement Policy.
3.10) The Company may request keeper details from the DVLA to pursue the outstanding parking charge from the driver, and may pursue PCNs through the courts. The Company has the right to recover charges from the drivers/keepers of vehicles as per the definition of the ‘Creditor’ within the Protection of Freedoms Act 2012, Schedule 4.
3.11) The company has the right to demand proof of authority in the form of land registry documents or written authorisation in the case of the operation instructions being provided by an agent or a manager working on behalf of a landowner/Leaseholder. The evidence must be submitted to the company within 14 days of the request, If no such evidence is provided the company has the right to cancel the contract without notice with a charge of £200 payable by the client for administrative costs on indemnity basis.
4] Clients Rights and obligations.
4.1) The Client grants the Company the absolute right to install its system and demand/collect PCN Charges from the drivers at the Premises on its own behalf. The client permits the company and any person authorized by the company to install the system and have access to the system at all reasonable times; and agrees not to make or endeavour to make any alterations to additions to the scheme or any part thereof nor permit any other person to do so without prior written consent of the Company.
4.2) The client may (but not necessary) insure the signage against public liability, loss, damage and theft with a reputable insurer and the Company’s details shall be noted on the policy of a copy of which shall be supplied to the Company on request.
4.3) The Client is responsible for the repair and maintenance of the Premises and for the health and safety of the Drivers.
4.4) The Client shall use its reasonable endeavours to support the Company’s enforcement of the Enforcement Policy, and that it is aware that it may receive considerable direct contact from drivers who have received PCN Charge. In such circumstances, the client warrants that it or its representatives/staff will not enter into discussions or correspondence with Drivers, but will instead direct Drivers to the Company’s Appeals Department.
5] Force Majeure
5.1) If a Force Majeure Event prevents the affected Party from complying with any of its obligations under this Agreement, the Affected Party shall be excused performance, and any liability for non-performance, of those obligations, for the duration of the Force Majeure Event, save that a Party is not entitled to rely on this clause to the extent that it fails to take all reasonable steps to mitigate and minimise the period of the delay or to provide reasonable precautions or workarounds.
5.2) When a Force Majeure Event prevents the affected Party from complying with any of its obligations under this Agreement, the affected party must notify the other party immediately. If such Force Majeure Event lasts more than sixty (60) days from the date of notification such Force Majeure Event prevents that party from performing its material obligations under this agreement during that period, the other Party is entitled (but not obligated) to terminate this agreement immediately on written notice at no cost.
5.3) Upon the cessation of the Force Majeure Event the Affected Party must promptly notify the other Party of such sedation and resume performance of the affected obligations (unless the Agreement has been terminated in accordance with clause 5.2)
5.4) For the avoidance of doubt, if, as a result of a Force Majeure Event, the performance by the affected party of some but not all of its obligations under this agreement is affected, the affected party nevertheless remains liable for the performance of those obligations not affected by the Force Majeure Event.
5.5) Neither party is liable for any costs or expenses of the other party arising as a result of any Force Majeure Event.
6] Limitation of Liability
6.1) These conditions shall not be deemed to constitute or imply any warranty by the Company that the System will at all times operate satisfactorily without malfunction, and the Company gives no such warranty.
6.2) The Company shall not be held liable for any breach of the Enforcement Policy.
6.3) The Company shall not be liable for any failure of the Scheme.
7.1) The Company may terminate this Agreement or remove any individual property from the Premises, upon giving the Customer not less than 45 days notice, in the event of vandalism to the signage, or if in the Company’s opinion it is not commercially viable to maintain the system at the premises.
7.2) Either party may terminate this Agreement at any time by notice in writing to the other if:
a) The other party fails to perform or observe any material term of this agreement and in the case of a remediable breach, fails to remedy such breach within 30 days of receiving notice of such beach; or
b) The other is in persistent breach of any of its obligations under this agreement whether material or not and whether or not capable of remedy; or
c) The other is unable to pay its debts within the meaning of S123 Insolvency Act 1986 or any statutory modifications or re-enactment thereof or equivalent provision in other jurisdiction; or d) any step, action, application or proceeding is taken by or in respect of either the whole or any part of its undertaking for voluntary winding-up, dissolutions, administration, receivership (administrative or otherwise) or bankruptcy;
7.3) At the end of the Term however so determined, the company shall remove the Signage and the Company’s fixtures and fittings (if any) but shall not be required to make good any damage caused by their removal.
8] Entire agreement and applicable law
8.1) This agreement constitutes the entire agreement between the Company and the Client and supersedes all other agreements, statements, representations or warranties made by or between the parties or either of them concerning the same. This agreement shall be treated as a Master Agreement superseding all other agreements, statements, representations or warranties made by or between the parties or either of them concerning the premises.
8.2) No waiver, alteration, variation or addition to the Agreement shall be effective unless made in writing on or after the date of signature of this Agreement by both parties and accepted by an authorised signatory of both parties.
8.3) the interpretation construction effect and enforceability of this agreement shall be governed by English Law, and the parties agree to submit to the jurisdiction of the English Courts. Where the Premises are located in Scotland, this Agreement shall still be governed by English Law and the jurisdiction of English courts, as far as is permissible under Scottish law.
9.1) All notices, documents or other communications (a ‘notice’) to be given hereunder shall be in writing and shall be transmitted by first-class registered or recorded delivery mail, or by facsimile or other electronic means in a form generating a record copy to the party being served at the relevant address for that party shown. Any notice sent by mail shall be deemed to have been duly served three working days after the date of posting. Any Notice sent by facsimile or another electronic means shall be deemed to have been duly served at the time of transmission (if transmitted during normal business hours at the location of the recipient and if not so transmitted then at the start of normal business hours on the next business day commencing at such location after the time at which the transmission was made.)
The affected party from complying with any of its obligations under this Agreement.
10.1) The heading in this agreement shall not affect its interpretation.
10.2) Throughout this Agreement, whenever required by context, the use of the singular number shall be constructed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders.
10.3) If any term or provision in this Agreement shall be held to illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
Contact us for more information 0845 121 0065