Regency Car Park | Swiss Cottage
97 Avenue Road. London NW3 5EL Info.Regency.CarPark@Gmail.com
Updated | 1st March 2023 | v.2
Car park Terms and Conditions
Please read these Terms and Conditions carefully. They relate to your use of our car park.
1.1 When the following words are used in these Terms and Conditions (the “Terms”), this is what they will mean:
1.2 “us”, “we”, and “our” means Maintrack Services Ltd t/a Regency Car Park (company number 07917863) or one or any of our partners listed below.
1.3 “ANPR” means Automatic Number Plate Recognition.
1.4 “Car Park” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking vehicles.
1.5 “vehicle” means any vehicle used to convey passengers or items that enter the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories; and
“VRM” means Vehicle Registration Mark.
2 Our liability to you
2.1 We must operate the Car Park with reasonable skill and care (“our obligations”).
2.2 We do not accept or limit in any way our liability for death or personal injury caused by our negligence.
2.3 We do not guarantee there will be any vacant parking space at any time. Pre-booked spaces do not have priority over any other user. We will do our best/to use our reasonable endeavours to keep enough spaces reserved for pre- booked customers, but we cannot guarantee this at any time. If you cannot find a space, you should leave the Car Park as soon as possible to ensure you do cur a Parking Charge.
2.4 Although we owe you the obligations set out in clauses 2.1 and 2.2 above, you should know that the Car Park is open to the public. We cannot guarantee that members of the public will not enter our Car Park and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.
2.5 We will not be liable to you for any special, indirect, or consequential loss, including but not limited to: any loss of profit, loss of enjoyment, loss of revenue, loss of data or loss of earnings.
3 Tariff The parking tariff payable by you (as varied occasionally) is displayed on the tariff board at the Car Park and on our website. You are obliged to pay the parking tariff and to comply with any instructions on the tariff board as supplemented by these Terms, and failure to do so may result in a Parking Charge Notice being issued to you by the car park managers. (Please refer to clause 5 (Parking Contraventions) of these Terms).
4 Claims and complaints
4.1 If your vehicle sustains damage while in the Car Park, your vehicle is stolen, or any possessions are stolen from it while it is in the Car Park, you should (a) immediately inform the police by the best appropriate method (b) notify your insurers promptly.
4.2 As stated above, this is a public car park. Whilst every possible means are adopted to prevent and deter any wrongdoing, we are not responsible or liable for any adverse occurrence whatsoever or howsoever caused which the vehicle is on site. . Parking fees contribute to the upkeep and maintenance of the car park and do not contribute to any form of insurance or indemnity.
5 Parking Contraventions
5.1 It is important for the effective management of the Car Park that:
a) you comply with all signs and markings in the Car Park, including these Terms and the tariff board.
b) you park entirely within the limits of a marked bay and do not straddle bays or block traffic flow through the Car Park.
c) if you are parking a motorcycle, you only park the motorcycle within the area designated for motorcycle parking and not in any other bay.
d) if you are a permit holder, you must always display a valid permit.
e) you do not park within a bay designated for a specific purpose when you are not entitled to do so, for example, and without limitation:
i) parking in a space designated for blue badge holders without displaying a valid blue badge.
ii) parking in a space for electric vehicles when you are not using the charging facility.
iii) parking in a reserved space.
iv) parking in a space reserved for car wash or cleaning services unless you intend to benefit from those services.
v) parking in a space reserved for vehicle hire companies or for “click and collect” or store delivery or collection.
f) you do not park in a reserved or restricted area (including any hatched areas) of the Car Park or any other area other than a marked parking bay; and,
g) you pay all amounts due for your parking and comply with the requirements set out in clause 10 (Ticket Types and Payment Methods) of these Terms, including but not limited to ensuring you do not exceed the amount of time purchased on a Pay and Display ticket or a Pre-Book purchase.
5.2 If you do not comply with these requirements, we may issue you with a Parking Charge Notice requiring you to pay any unpaid parking charge(s), together with an additional amount representing an estimate of the additional expenses we will incur because of your non-compliance (including without limitation debt recovery costs) (the “Parking Charge”). Specific details about the Parking Charge payable are available in each Car Park.
5.3 Details/information relating to how to pay the Parking Charge Notice, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.
5.4 By parking your vehicle in the Car Park, you consent to us capturing, using and processing your VRM and personal details via CCTV and ANPR for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request and obtain the details of a vehicle’s registered keeper from the DVLA.
5.5 If the Car Park and/or the equipment in the Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle, then we will seek to recover the cost of that repair and associated administration costs from you.
6 Security of your vehicle
6.1 Unless asked by our employees or agents not to do so in the case of an emergency, please ensure that your vehicle is left securely locked with the handbrake on, all windows securely closed, and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from your failure to secure your vehicle properly.
6.2 We may install CCTV cameras in the Car Park at our discretion to ensure proper running. Whilst the cameras may act as a deterrent to criminal activity, we do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Car Park.
7.1 Any possessions left in a vehicle are left entirely at the owner’s risk. We recommend no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle. Please ensure that you do not leave any animals in your vehicle.
7.2 None of our employees or agents have any authority to accept any of your personal possessions for storage or security.
8 Traffic Orders and Byelaws
The use of this Car Park may be regulated by traffic orders or byelaws under which a penalty may be payable for failing to comply with these Terms or the requirements of the relevant order or byelaw. In such circumstances, separate notices specifying the relevant order or bye-law will be displayed in the Car Park. We reserve the right to take enforcement action against you (including through court proceedings) for breach of such order or byelaws.
9 Safety in the Car Park
9.1 For safety reasons, you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing your vehicle. After you have parked your vehicle, you must proceed immediately to the nearest exit, following the recommended route (if any). You must not, in any circumstances, exit the Car Park by walking under a vehicle exit barrier.
9.2 You must drive carefully and responsibly in the Car Park and in accordance with any instructions given to you by our employees or agents.
9.3 You must ensure that any children or animals are accompanied and properly supervised at all times when they are using the Car Park. Be constantly aware of other vehicles in motion around the Car Park.
10 Ticket Types and Payment Methods
10.1 Any ticket issued by us (including season tickets) is only valid for the vehicle in respect of which it is issued and only authorise parking for the vehicle(s) against which the account is registered. Tickets and other payment methods are not transferrable to any other person or vehicle.
10.2 Where you are using a payment method other than a ticket issued at the Car Park, including but not limited to (1) cash,(2) credit card, (3) pay station machine, (4) payment to third party agents such as Your Parking Space and Just Park and (6) online (Parking-Here.com) payments. You must agree to the terms of that payment method, full details of which are available on our website.
10.3 You must, depending on the payment methods available and in operation at the Car Park pay the parking tariff using one of the following methods.
a) “Pay & Display” – you must purchase a parking ticket for the amount of time for which you would like to park from the ticket machines at the Car Park either with cash or a credit/debit card and:
i) If the Car Park issues physical parking tickets, before leaving your vehicle, you must ensure that the parking ticket is clearly displayed on the windscreen of the vehicle; or,
ii) If the Car Park captures your VRM via ANPR cameras, you will not be required to display a physical parking ticket, instead before leaving your vehicle, you must ensure you enter the correct VRM of your vehicle into the ticket machine to avoid a Parking Charge being issued.
b) “Your Parking Space and Just Park” – you must register an account and use the Ap provide by those particular entities and no other. You must abide by their respective terms and conditions.
c) “Pay On Exit” – on arrival at the Car Park, we will issue you a parking ticket produced by the pay-station machine When you are ready to leave the Car Park, you must provide us with the ticket issued to you and pay the parking tariff either by cash or credit card
d) “Pay On Foot” – you must take a ticket upon entry to the Car Park. When you leave, you must insert the ticket into the pay on foot machine/exit column and make payment for the time spent as indicated using cash, debit/credit card or Gateway card. The ticket should then be presented on exiting the Car Park to provide evidence proof of payment. In the event that a ticket machine is out of coins/change, a credit voucher may be dispensed and either used against future parking fees or a refund obtained by contacting the Customer Services Department; or
e) “Account Based Payments” – you must register your contact and payment details either online or by telephone, as applicable and abide by these terms and conditions. This information is used to calculate the parking tariff charges that you owe for a particular parking session. Once you have used the Car Park, payment is automatically deducted from your account.
10.4 You can Pre-Book your car parking session for a specific amount of time (the “Booking Period”) at the Car Park either online or at info.Regency.CarPark@Gmail.com strictly in accordance with these terms and conditions. .
10.5 If you are a Season Ticket Holder, you must pay in advance and abide by these terms and conditions.
a) if the Car Park does not have barriers (at entry and exit), you must clearly display your permit valid for the Car Park on the windscreen of your vehicle; or
b) in some Car Parks, the ANPR technology will automatically recognise your VRM and register the fact that you have paid.
10.6 We reserve the right to change payment methods from time to time in our Car Parks, and you should check all signs and notices in the Car Park for further information about the payment methods available in a specific Car Park.
10.7 If a bar code or QR code is issued to you in accordance with the Pre-Book method, it may become invalid. In such circumstances, this may result in you being issued with a Parking Charge Notice in accordance with clause 5.2 of these Terms.
10.8 If you delay exiting a ticketed Car Park once you have paid the fee due for the time parked, you may incur additional charges.
10.9 For the avoidance of doubt, sales or credit card receipts are not parking tickets and will not be accepted as evidence of payment unless accompanied by a valid parking ticket. Failure to comply with the payment requirements set out in this clause 10, as applicable, will result in a Parking Charge Notice being issued in accordance with clause 5 (Parking Contraventions) of these Terms.
10.10 Subject to our procedures in place from time to time in relation to a failure to pay for parking, we reserve the right to refuse to lift the fixed barrier at the Car Park to allow the release of any vehicle for which payment has not been received in accordance with the appropriate payment method, including (but not limited to) where your credit/debit card has been declined, you have failed to pay by the required time limit, and/or you have failed to produce a valid and current parking ticket, or season ticket and your QR code or bar code is invalid, as applicable.
10.11 If you cannot produce your parking ticket, payment receipt or season ticket (as required and dependent upon the relevant payment method available at the Car Park) on leaving the Car Park, you will be charged the full daily rate for each 24-hour period or part period during which we determine that your vehicle has been in the Car Park. We may also charge an administration fee for our time and costs incurred in dealing with any such non-payment.
10.12 No refund will be made for any parking tariff payments paid for a lost ticket, QR code, bar code or season ticket which are subsequently produced. In no circumstances can any refund be given for parking tariff payments without proof of payment.
11 Access and re-location of vehicles
11.1 We reserve the right to refuse the admission of any vehicle to the Car Park for any reason whatsoever.
11.2 We reserve the right to move vehicles within the Car Park using whatever method we consider appropriate (even if, consequently, the damage is caused to your vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park.
11.3 We additionally reserve the right to use a lawful authority to remove any vehicle to another reasonably convenient car park, whether operated by us, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of our control or if the Car Park has to be evacuated in an emergency.
11.4 To the extent that it is necessary to do so in the exercise of the rights conferred upon us in this clause 11, we reserve the right to drive or otherwise take your vehicle onto a public highway. In doing so, we will take reasonable care of the vehicle.
12 Abandoned vehicles
12.1 We are entitled to regard as abandoned any vehicle left in the Car Park for more than 10 days without prior notification and which is not known by us to be covered by a current paid ticket, receipt or booking.
12.2 We reserve the right to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles, we will:
a) refer the matter to the appropriate authorities, which may include the local police and the DVLA; and
b) affix a notice to the vehicle at least seven days before the date on which we propose to remove the vehicle, stating that the vehicle will be removed and sold when that period expires.
12.3 Abandoned vehicles will be disposed of as waste or sold by auction. Where sold by us, the sale proceeds will be applied in and towards the satisfaction of all sums owing to us, together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession.
12.4 Any balance of the sale proceeds remaining after satisfaction of any sums owing will be held by us on behalf of the registered keeper of the vehicle and paid over on proof of entitlement.
13 Prohibited activities
13.1 You shall not:
13.1.1 Tow or have towed a vehicle into a Car Park. In the event of a vehicle breakdown, you must immediately contact an employee or agent of ours to ensure that your vehicle removal is organised without causing damage or danger to any other person or property in the Car Park.
13.1.2 Spend an excessive amount of time (as determined by us in our absolute discretion) in your vehicle whilst it is parked in a Car Park, and this includes, but is not limited to, sleeping in your vehicle, or staying overnight in a vehicle or staying overnight in the Car Park or camping in the Car Park; and
13.1.3 Park anywhere except in a designated single-marked bay.
13.2 You shall not carry out any of the following activities at any time in the Car Park:
13.2.1 Any service work, maintenance, repairs of any nature, cleaning (unless carried out by our employees, agents or representatives) or repairs to any vehicle by you or an agency such as the RAC, garage or AA etc. Any such activity will be subject to an immediate fine of and not limited to £500.00.
13.2.2 Partaking in any business activity at the Car Park including, but not limited to, in connection with selling, hiring or another disposal of the vehicle or any other services of any nature whatsoever.
13.2.3 Filling or emptying vehicle fuel tanks STRICTLY PROHIBITED
13.2.4 Misusing, obstructing, or damaging any facilities or other vehicles in the Car Park, including but not limited to dropping litter or fly-tipping waste on the Car Park. Any such nuisance is subject to a fine of £100.00.
13.2 5Driving dangerously or too fast and contravening the directional signs and speed limits or faster than five mph at any time on the premises.
13.2.6 Making unnecessary noise, including playing music in any way that annoys users of the Car Park or people who live or work nearby.
13.2.7 Filming or taking photographs of any vehicles, the Car Park or other users of the Car Park.
13.2.8Cooking, cleaning, heating or lighting fires of any nature whatsoever
13.2.9 Using the facilities of a camper van, including, but not limited to, the toilet, bathroom and kitchen.
13.2.10 Doing or attempting to do anything which is a criminal offence or breach of the law.
13.2.11 Parking in bays which are not designated for your vehicle type, including, but not limited to, parking in a disabled person’s parking space without displaying a valid disabled person’s badge belonging to yourself or another occupant of the vehicle.
13.2.12 Smoking at any time, anywhere within the Car Park and the immediate environs of the Car Park
13.2.13 Leaving the Car Park in a state or condition unfit for use by other persons using the Car Park.
13.2.14 Using any area of the Car Park as a toilet facility.
13.2.15 Any anti-social or annoying behaviour which may cause offence or inconvenience to us or any other user of the Car Park including, but not limited to, drinking alcohol, music of any nature, taking or dealing with illegal substances, fighting and loitering or having any animals off a lead when outside of a vehicle.
13.3 Permission to use the Car Park is automatically withdrawn if you or your passengers or anyone else under your authority or control do any of the things prohibited in clauses 13.1 or 13.2. We reserve the right, in our absolute discretion, to add to the list of prohibited activities at any time. Any of our representatives may require you to leave at any time, and they are authorised, if necessary, to call for police assistance to have you removed.
14 Force Majeure
14.1 We do not accept liability for any cancellations, curtailments, illness, accident, or damage otherwise caused to your vehicle or possessions by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of public transport links, cancellation or changes of schedules in relation to any scheduled business or personal travel plans and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected because of a force majeure event detailed in this clause 14.1 or such other circumstances whatsoever. Any prepayment or commitment to pay is not refundable or reversible under any circumstances.
15 Our Group Companies
We reserve the right to perform any of our obligations or exercise any of our rights under these Terms through any other member of the same group of companies. This will not affect your rights under these Terms.
16 Variation of the Terms and Conditions
These Terms cannot be varied except in writing by our Company Secretary or undertaken by any of our employees who can vary these Terms and any time and without notice.
17 Vehicle Damage
It is a fundamental understanding between all and any party herein, direct, specified, associated, or implied, that RCP accepts no liability whatsoever for any damage or impediment sustained or caused to any vehicle at any time left or parked in or on the premises, no matter howsoever caused. In the event of any claim, the vehicle operator should consult their appropriate insurer.
Each of these Terms operates separately. If any court or relevant authority decides that they are unlawful, the remaining paragraphs will remain in full force and effect.
If you have any queries relating to these Terms, email: info.Regency.CarPark@Gmail.com