Terms And Conditions
TERMS & CONDITIONS OF PARKING
These are the terms on which you agree to use this car park. It is important that you read and understand them as they are essential to ensure that traffic and parking space use is maximised for the benefit of all those wishing to park.
These terms explain your rights and obligations alongside containing details of matters for which we do not accept responsibility.
1. DEFINITIONS
1.1. ‘Car Park’ means the car park controlled by us at which these Conditions of Parking are displayed. Where appropriate, it also includes the roads leading to and from the car park.
1.2. ‘Conditions of Parking’ means the conditions of parking set out here.
1.3. ‘Pay Machine’ means any pay on foot or pay and display machine situated in the Car Park.
1.4. ‘Permit’ means any agreement for the parking of a Vehicle on one or more occasion.
1.5. ‘Permit Parking: Additional Conditions’ means the extra terms and conditions that apply when you park using a Permit. These will be shown on the Permit or provided to you at the time of purchase.
1.6. ‘Staff’ includes those in our employment as well as our servants or agents appointed to work with us.
1.7. ‘Tariff’ means the charges that are to be paid for Parking. These will be displayed at the Car Park. There may be more than one place where the Tariff is on display.
1.8. ‘Vehicle’ means any vehicle which is parked in a Car Park and includes any mechanical device on wheels or tracks, its equipment and accessories.
1.9. ‘We, Us, Our’ means APCOA Parking (UK) Limited.
1.10. ‘You’ means any person who uses the Car Park for the parking of a Vehicle and ‘Your’ should be read accordingly.
The headings are for information only and do not affect the interpretation of these Conditions of Parking.
2. AGREEMENT
2.1. These Conditions of Parking apply to your use of the Car Park where these Conditions of Parking are displayed or which you have booked to use in advance.
2.2. We intend relying on these Conditions of Parking. If there is anything you do not understand or do not agree with, please discuss this with us before you enter the Car Park or leave your Vehicle with us.
2.3. No one is permitted to make any changes to these Conditions of Parking or make any promises or commitments on our behalf unless these are confirmed to you in writing. If we agree changes, please ask us to confirm them in writing. We can then avoid problems over what has been agreed between us.
2.4. Nothing in these Conditions of Parking affects your statutory rights.
2.5. If you have:
2.5.1 ordered parking via Event Parking Prebooking - Utilita Arena Birmingham a binding agreement will exist between you and us.
2.5.2 booked through our telephone booking service you will be asked by our telephone salesperson to confirm that you understand that your Booking is subject to these Conditions of Parking. Your booking will not be accepted until you confirm this, and a binding agreement will come into existence when you have confirmed this.
2.6. The parking space in the parking area you book will be unspecified.
2.7. You confirm to us that all information you provide us in connection with the provision of parking services will be correct and complete and in particular that you are the person registered as the keeper of or are authorised by them to use and register any vehicle (including its registration mark) for the purposes of the provision of parking services.
2.8. If you do not order parking and enter the car park, then a binding agreement will exist between you and us on entry to the Car Park unless you immediately exit from it.
3. ORDERING
3.1. The booking of parking must be made at least thirty minutes before entering the car park.
3.2. After payment completion, the booking confirmation is sent by email. The parking system at the Utilita Arena Birmingham is, fully Automatic Number Plate Recognition (ANPR) technology, however, the customer must either print or to save the e-mail booking confirmation and bring it on the journey.
4. PAYMENT
4.1. A parking fee is paid for parking at Event Parking Prebooking - Utilita Arena Birmingham The amount charged for parking is dependent on an individual event and may be cheaper or more expensive than the Arena parking tariff.
4.2. Payment by credit / debit card requires entering the card number, expiration date and security code.
4.3. We can also collect the charges for parking at the entry of the Car Park as vehicles enter or exit of the Car Park as vehicles leave.
4.4. In the event of any Pay Machine failure, you are responsible for finding a Pay Machine that works.
4.5. In the event that a vehicle exits before the parking period has expired, the customer will not be issued any refund for the period that has not been used.
4.6. If a customer is leaving the parking area after the parking is terminated, for whatever reason, the customer must pay for the extra time and the payment must be made in the car park before exiting. The Arena has Automatic Number Plate Recognition cameras in the Car Park and may use the information obtained from these cameras to identify your vehicle and send you a charge notice for the period you have parked at the Car Park and not paid.
4.7. The price you pay for parking is in GBP (£) incl. VAT.
5. CANCELLATION OR AMENDING YOUR ORDER
5.1. You may cancel a car park booking up to 24 hours before your time of arrival using the 'My Booking'. You’ll get a full refund as long as we receive notification in time.
5.2. For payments made on the day, we operate a no cancellation policy as the parking session has started.
5.3. In addition to the possibility to cancel the order, you may change most bookings up to 2 hours before your time of arrival using 'My Booking'. Subject to availability, the customer can amend the entry date & time, the exit date & time, the product and the chosen parking area. The customer will be refunded or charged the difference due to the amendment to the booking.
6. SAFETY IN THE CAR PARK
6.1. You must drive carefully in the Car Park.
6.2. You must strictly observe all speed limits.
6.3. You are responsible for the safety of your children. You must not allow them where they could cause an accident or could otherwise be put in danger. Children must not play in the Car Park and must be accompanied by a responsible adult at all times.
6.4. You must comply with all directions and signs that are posted in the Car Park and all instructions or requests given or made from time to time by any of our Staff for regulating traffic and controlling the positioning of Vehicles within the Car Park.
7. SECURING YOUR VEHICLE
7.1. You must make sure that before you leave your Vehicle at the Car Park:
7.1.1. it is securely locked.
7.1.2. all the windows and any sunroof are securely locked.
7.1.3. your handbrake is fully engaged, and your Vehicle left in gear (or, if it is an automatic, left in “Park” mode).
7.1.4. if it is fitted with a steering lock or similar device that this is engaged.
7.1.5. no person or animal is left in your Vehicle; and
7.1.6. your possessions are taken with you or removed from sight and placed in the boot wherever possible.
8. RELOCATION OF VEHICLES
8.1. We can move your Vehicle within the Car Park by driving or otherwise to such extent as we think is reasonably necessary to avoid it causing an obstruction.
8.2. We can also remove your Vehicle at any time to any other location that we feel is appropriate if the Car Park has to be closed or evacuated either permanently or temporarily and whether totally or only partly.
8.3. Where it is necessary to do so because we have to exercise any of the rights given to us in these Conditions of Parking, we or any member of our Staff can drive or otherwise take your Vehicle out of the Car Park (including on to the public highway) or tow it away.
8.4. We can get into your Vehicle if we need to exercise the rights given to us in these Conditions of Parking or to stop any nuisance caused by your Vehicle. We can use force to do so if we reasonably consider that is necessary and if your Vehicle is damaged by us in doing this, then we are not liable for the damage we cause.
9. ABANDONED VEHICLES
9.1. If you intend to leave your Vehicle in the Car Park for longer than 28 days, you must tell one of our Staff as soon as you arrive. If you do not tell us this, or you have not pre-booked for longer than 28 days then we will be entitled to assume that your Vehicle has been abandoned.
9.2. Abandoned Vehicles will be disposed of in accordance with any local authority byelaws and / or any other legal rights available to us.
9.3. After thirty days (or earlier if we reasonably conclude the Vehicle is abandoned) and without further notice we may remove the Vehicle. If your Vehicle remains uncollected for a period of three months from the date on which you parked it (or if later the date you told us at the time of leaving your Vehicle that you would collect it) we will have the right for the purposes of the Torts (Interference With Goods) Act 1977, to sell your Vehicle and deduct from the sale proceeds any amount that is due to us. Before we sell any Vehicle, we will send you a notice by recorded delivery to the address of the last registered keeper of the vehicle or (if relevant) any Valet Parking Agreement. The notice we send you will tell you that we intend to sell the Vehicle but will not do so until a further twenty-one days have elapsed.