RCP Parking Limited – General Terms and Conditions
- ABOUT US AND THESE TERMS
- Who we are. We are RCP Parking Limited, a company registered in England and Wales with company number 02904876 (the “Company”, “we”, “us”, “our”). Our registered office is at 13 Diamond Road, Norwich NR6 6AW. Our registered VAT number is 637 0900 47 (although please note that we may have a different VAT number for car parks that we manage on behalf of others).
- These are the terms and conditions which govern your use of our car parks (the “Terms”). It is important that you read the Terms carefully before using our car parks, as they explain your rights, yours and our obligations, what to do if there is a problem and other key information.
- By parking your vehicle in any of our car parks or making a booking online, you hereby accept these Terms and agree to comply with, and be bound by, them.
- If you do not accept these Terms, please leave the car park immediately in the vehicle in which you entered or do not make an online booking.
- Please click on the links to jump to each paragraph:
- How to contact us. You can contact us by writing to us using the online form on our website (https://rcpparking.com/contact). Our office opening hours can also be found on our website.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us. Please note that, when we use the words “writing” or “written” in these Terms, this includes emails
- In these Terms, when the following words are used, they will have the following meanings:
Automatic Number Plate Recognition;
the parking facilities managed by us or on our behalf and designated for parking vehicles. The locations of the Car Parks can be found on the Website from time to time (and each such facility shall be a “Car Park”);
Driver and Vehicle Licensing Agency;
the parking tariff payable for your Parking Stay as advertised from time to time in our Car Parks and on the Website;
the length for time for which you have paid to park in the Car Park;
Parking Charge Notice, which may be issued to you by us (or on our behalf) for failure to comply with these Terms and any other rules and/or notices displayed at the Car Parks;
a parking ticket that lasts for 1 month or longer and which is issued by us to you;
any vehicle that enters any of the Car Parks and shall include any mechanical device on wheels, its equipment and accessories;
the Vehicle Registration Mark (commonly known as the registration number plate); and
https://rcpparking.com/ (or such other website as we may notify you from time to time). References to Website shall also include our mobile application.
- YOUR OBLIGATIONS TO US
- You must comply with these Terms and any other rules and/or notices displayed at the Car Parks, together with any reasonable directions given to you by our staff and, where applicable, any supplementary terms that apply to the Season Ticket.
- You shall at all times be responsible for:
- your actions and the actions of any of your passengers when using the Car Park;
- the safety and security of your Vehicle and its contents;
- your safety and the safety of any of your passengers; and
- any damage to the Car Park caused by you, any of your passengers, your Vehicle and/or its contents (including, without limitation, any damage caused by oil or any other substances being discharged from your Vehicle).
- Other than set out in paragraph 4.6, you acknowledge that neither we nor our staff shall be liable or responsible in any circumstances for any loss, damage or injury incurred or suffered by you and/or your passengers and/or any loss or damage to your Vehicle and/or its contents, unless caused directly by our negligence, default or breach of statutory duty.
- We shall not be liable or responsible for the surface of the Car Park, general site safety, your safety and/or the safety of any of your passenger and/or the safety and/or security of your Vehicle and/or its contents whilst at the Car Park.
- You park your Vehicle and enter the Car Park entirely at your own risk. We cannot and do not guarantee the security of you, your passengers, your Vehicle or it's contents.
- We will not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by us or our staffs’ negligence, default or breach of statutory duty.
- If you fail to comply with these Terms and any other rules and/or notices displayed at the Car Parks, then we may issue you with a PCN, which requires you to pay us a parking charge plus an additional amount for your non-compliance. See paragraph 11 for further details.
- OUR OBLIGATIONS TO YOU
- We shall operate the Car Parks with reasonable skill and diligence.
- You are reminded that a public car park is open to everyone. Our staff will use reasonable endeavours to remove persons who are misbehaving, causing a nuisance or otherwise in breach of these Terms or any rules and/or notices displayed at the Car Park. However, we cannot prevent members of the general public entering our Car Parks and causing damage to property (including your Vehicle) and/or engaging in other criminal activity.
- We reserve the right to refuse any Vehicle admission to any of our Car Parks for any reason (at our sole discretion). We do not make any guarantee that any of our Car Parks will be open at any specific time and reserve the right to permanently or temporarily close any of our Car Parks in whole or in part for any reason
Every person, firm or company who enters into a contract with us for the parking of a Vehicle at any of our Car Parks, whether by purchasing a ticket or otherwise, does so on behalf of themselves and all other persons having any proprietary, possessory or other financial or material interest in the Vehicle and/or its contents.
- PARKING CHARGE
- Parking Charges shall be as displayed from time to time on the Car Park tariff boards, pay and display signage, when paying online and on the Website (as may be varied from time to time). Any changes to Parking Charges will not affect you if you have already pre-paid online.
- You must pay the Parking Charge for your Parking Stay by using the payment methods set out in paragraph 8 below.
- In the event of any pay machine failure, you are responsible for finding a working pay machine in the Car Park in which your Vehicle is located or paying using an alternative payment method. Non-working pay machine(s) in the Car Park shall not relieve you from your obligation to pay the Parking Charges.
- If you have a Season Ticket, the Parking Charges will be set out in the documentation provided to you.
- Please note that the blue badge scheme is not operated in any of our Car Parks. All blue badge holders must obtain a valid ticket.
- We permit a grace period of 15 minutes from time of entry in our Car Parks. If you have accidently entered the Car Park, or otherwise do not wish to park in the Car Park, you must leave promptly, but in any event, within a maximum of 15 minutes after the time of entry. Failure to do so without subsequently paying the Parking Charges for your Parking Stay (using one of the methods in paragraph 8 below) may result in us issuing you with a PCN.
- In addition to these Terms, you must comply with any instructions on the signage at the Car Park or any other terms and conditions that apply to persons issued with a Season Ticket. Failure to do so may result in us issuing you with a PCN.
- There may be ANPR cameras at the Car Park, which will be clearly stated on signs within the Car Park. These cameras may be used to identify those who have not paid for their parking or to monitor the duration of your stay in the Car Park. In both cases, information obtained from these cameras may be used to identify your Vehicle and send you a PCN.
- PAYMENT METHODS
- Pay and Display
Pay and display tickets are purchased for your Parking Stay using a ticket machine at the Car Park before leaving your Vehicle in the Car Park and in any event, within 15 minutes of entering the Car Park. You must ensure that the parking ticket is clearly and visibly displayed in the windscreen of your Vehicle during the whole of your Parking Stay. Failure to present, or loss of, a ticket (where you have not paid the Parking Charges by any other method) may result in us issuing you with a PCN.
- Pay online or by mobile phone
You can pay by using your mobile phone or computer with access to the Website. You will initially be offered the opportunity to register online with us (and provide certain required personal information). Once registered, or alternatively if you proceed as a guest, you will then be able to use our online payment services. You will be required to enter the details of the Vehicle for which you wish to buy a parking ticket, select the Car Park in which you wish to park and choose a duration time which will cover the entirety of your Parking Stay and which you will not exceed. If you are paying online or by mobile phone, you must make payment for your Parking Stay within 15 minutes of entering the Car Park or you may be issued with a PCN.
- Pre-pay online
You may also pre-pay for your Parking Stay ticket for your Vehicle online at www.rcpparking.com/find-a-car-park/future-booking. You must enter the details of the Vehicle for which you wish to buy a parking ticket, choose the date and time at which you wish to use a particular Car Park and choose a duration time which will cover the entirety of your Parking Stay and which you will not exceed. Any failure to enter the correct details of your Vehicle or overstaying the Parking Stay for which you paid may result in us issuing you with a PCN.
- Season Pass
If you are a Season Pass holder you must comply with the supplementary Season Pass Terms and Conditions (at the end of the General Terms and Conditions) and the following will apply, depending on the type of Car Park and the operating equipment at the specific Car Park:
- if the Car Park has barriers (at entry and exit), you must present your season ticket to the Car Park equipment or attendant both at entry and exit;
- if the Car Park does not have barriers (at entry and exit), you must clearly display your Season Ticket valid for the Car Park in the windscreen of your vehicle;
- in Car Parks with ANPR technology, the ANPR will automatically recognise your vehicle registration number and register the fact that you are a Season Ticket holder when you enter and leave the Car Park and in such circumstances (depending on the instructions at the specific Car Park) you may not need to present and/or display your Season Ticket; or
- if you have purchased your Season Ticket online, your vehicle registration number will be recorded as linked to your Season Ticket. In this case, you will not need to display your Season Ticket but depending on the instructions at the specific Car Park you may need to present your online Season Ticket.
- TICKETS AND BOOKINGS
- Any pay and display ticket, Season Ticket or any online booking or pre-paid:
- shall only be valid for the Vehicle(s) in respect of which it is issued;
- shall be non-transferable in all circumstances;
- does not entitle you to any particular space in the Car Park or to priority over other customers;
- does not guarantee you a parking space at the Car Park, unless expressly agreed by us (note: many of our Car Parks are very busy and we recommend that you arrive early to secure a space);
- must, where applicable, be correctly and visibly displayed during the entirety of your Parking Stay.
- All Season Tickets remain our property and must be returned to us on expiration.
- We reserve the right to refuse to release your Vehicle from the Car Park should you be unable to produce a valid car parking ticket, Season Ticket or confirmation of online booking. Your Vehicle may be held until we have made such enquiries as we consider reasonable.
- If you do not hold a valid Season Ticket for the Car Park, once a Vehicle has left the Car Park, a new ticket or online booking will be required upon re-entering the Car Park.
- REFUNDS AND AMENDMENTS
This paragraph applies to bookings made online, by phone or by machine.
- We will only accept refunds of pre-booked tickets if we are given a minimum of 48 hours’ notice of cancellation in advance of the date and time of the booking.
- At our sole and absolute discretion, we will consider a request for a refund:
- if a ticket has been purchased in good faith which is not used for all days purchased; or
- if a pay and display ticket has been purchased for more than one day in error and not used for all days purchased,
and in either case, please note that if a refund is issued, we will refund an amount equal to the Parking Charges for any full days not used less £1.50 to cover our reasonable administrative costs. We will not provide a refund in circumstances where we reasonably believe that you have acted dishonestly, or for any part days not used. Please notify us as soon as possible if you would like to request a refund.
- We shall be entitled to charge a maximum cancellation fee of £1.50 for each day in respect of which the booking is cancelled.
- Refunds shall be made by using the original payment method used for the booking and we shall use our reasonable endeavours to process all refunds within 7 business days.
- You may amend your booking details prior to the date and time of the booking through your online account. Any booking details cannot be amended after the date and time of the booking.
- Please note that if your online account does not permit you to cancel or amend your booking, you should email firstname.lastname@example.org for assistance.
- PARKING CONTRAVENTIONS
- When using the Car Park, you must at all times:
- comply with these Terms, any rules and/or notices displayed at the Car Park, any reasonable directions from our staff at the Car Park and, where applicable, any supplementary terms that apply to the Season Ticket;
- only park in the Car Park for which you have paid and in which you are entitled to park, in accordance with the signs displayed in our Car Parks;
- secure your Vehicle;
- where applicable, park within the limits of a marked parking space and do not park in any manner than may cause obstruction or inconvenience;
- where applicable, ensure that your pay and display ticket or Season Ticket is correctly and visibly displayed during the entirety of your Parking Stay;
- not park in a parking space designated for a specific purpose when you are not entitled to do so (such as parking in a space designated for disabled persons without an appropriate disability badge displayed, or parking in a space for electric vehicles when you are not using the charging facility);
- pay all amounts due in respect of your Parking Stay as required under these Terms and any rules and/or notices displayed at the Car Park (including the tariff board).
- You are fully responsible for your own parking. The actions or contraventions of any other person or Vehicle(s) will not relieve you from your duty to comply with these Terms or reduce or negate any amount due under a PCN. You cannot use anyone else’s parking as a reason for, or mitigation of, your own parking contravention.
- If you do not comply with paragraph 11.1, we may issue you with a PCN requiring you to pay a parking charge, together with an additional sum (being an estimate of the additional expenses we will incur as a result of your breach, including without limitation, debt recovery costs). The PCN shall be issued to the registered keeper of the Vehicle, which may be requested from the DVLA.
- At the time of publication of these Terms, the PCN amount is £100.00 which shall be reduced to £60.00 if paid within 14 days of the date of the PCN. However, this may be subject to change and we will set out the details of the amount of the PCN, deadline for payment, what will happen if you do not pay and appeal process in the PCN itself.
- CLAIMS AND COMPLAINTS
- Should you and/or your Vehicle suffer any loss or damage whilst in a Company Car Park, you should:
- immediately inform a staff member at the Car Park of the occurrence;
- in the case of theft, report this loss to the police and make a note of the reference number you receive; and
- promptly notify your insurers.
- Any complaints about the Car Parks or our service or claims against us should be addressed to us at the address set out in paragraph 2.1.
- Before submitting a complaint or claim, please check these Terms to see whether the subject matter of your complaint or claim falls within our obligations to you.
- Failure to comply with the above may prejudice your position.
- SECURITY OF YOUR VEHICLE
- Unless asked by a member of our staff not to do so in case of emergency, please ensure that before you leave the Car Park your Vehicle is securely locked, all of the windows of your Vehicle are securely closed and your Vehicle is fitted with a steering lock or similar security device that is engaged. We are not liable or responsible for any consequence, damage or loss arising from a failure by you to properly secure your Vehicle.
- We reserve the right to install CCTV cameras in any of our Car Parks at our sole discretion to assist in the proper running of the Car Parks. However, we do not make any guarantee that the CCTV cameras will be operational, that the CCTV cameras will be recording footage of any particular area (or at all) or that the footage recorded on the CCTV cameras (if any) can be made available. The presence of CCTV cameras should not be treated as any guarantee or assurance by us that your Vehicle will be secure or that we will be able to assist in the investigation of any occurrence at the Car Park.
- Wherever possible, please take your possessions with you when you leave your Vehicle.
- If you have to leave possessions in your Vehicle, you should not leave them on the seats where they are visible. Please make sure they are out of sight, ideally by putting your possessions in the boot and locking it.
- We accept no responsibility for loss or damage to Vehicles or their contents.
- You are reminded that your motor insurance policy may not cover the possessions in your Vehicle. It is possible for you to arrange for a separate insurance cover for your possessions and it is recommended that you do so.
- COURTESY TO OTHER CUSTOMERS
Should you damage another customer’s Vehicle in the Car Park, you must report the incident to a member of our staff without delay and to give them the VRM of your Vehicle and the VRM of the third party Vehicle(s).
- SAFETY IN THE CAR PARK
- You acknowledge and agree that car parks can be dangerous and that you shall:
- drive carefully in the Car Park and follow any signs, rules or other notices on display together with the applicable speed limit;
- take responsibility for the health and safety of any persons (including passengers) at the Car Park who are in your care; and
- not permit any children for whom you are responsible to play in the Car Park.
- You must be careful at all times at the Car Park and be aware of Vehicles that are moving or about to move when walking in the Car Park. After parking a Vehicle, please proceed to the nearest exit. All exits will be signposted. You must not, in any circumstances, exit the Car Park by walking under a vehicle exit barrier.
- ACCESS AND RE-LOCATION OF VEHICLES
- Where we are left with the keys to a Vehicle, we reserve the right to move Vehicles within our Car Parks by driving or otherwise to such extent as we and our staff may in our discretion think necessary to avoid obstruction or for the more efficient arrangement of the parking facilities at the Car Park.
- Where the Car Park has to be closed either permanently or temporarily in whole or in part or has to be evacuated in cases of an emergency, we shall be entitled to remove any Vehicle at any time to any other Car Park within our control within a reasonably convenient distance.
- To the extent that it may be necessary to do so in the exercise of the rights conferred upon us under these Terms, we and our staff shall have the right to drive or otherwise take the Vehicle on the public highway.
- ABANDONED VEHICLES
- If you intend to leave your Vehicle in the Car Park for more than 28 days, you must notify us in writing of your intention to do so.
- If the Vehicle has been at the Car Park for more than 28 days (without notification as required above), is not covered by a valid Season Ticket or other ticket or booking and:
- in our reasonable opinion, the Vehicle appears to be in an un-driveable condition;
- the Vehicle has no number plates or tax disc and is not taxed; and/or
- we cannot find the registered keeper of the Vehicle or the registered keeper of the Vehicle fails to comply with a notice to collect the Vehicle,
then we may treat the Vehicle as abandoned.
- We reserve the right to sell or dispose of any Vehicle which we treat as being abandoned under paragraph 18.2. Where the registered keeper has been identified, we shall give the registered keeper at least 14 days’ notice to collect the Vehicle before we dispose of it.
- If we are permitted to dispose or sell an abandoned Vehicle under this paragraph 18, we may do so as we consider fit, including by auction or by destroying the Vehicle.
- If we sell an abandoned Vehicle, then the proceeds of the sale will be applied in and towards satisfaction of all sums owing to us together with our reasonable expenses incurred in the storage and sale of the Vehicle. Any balance of these sale proceeds remaining after satisfaction of such sums shall be held by us on behalf of the registered keeper of the Vehicle and paid over on proof of entitlement.
- PAYMENT OWED
If you have not paid for parking or have any past payments for parking at any of the Car Parks outstanding, we reserve the right to hold your Vehicle until we have received payment for all Parking Charges due. We reserve the right to refuse any Vehicle until the outstanding amounts have been paid.
- PROHIBITED ACTIVITIES
- No vehicle shall be towed into any of the Car Parks and no work on or cleaning of Vehicles by any person shall be carried out within any of the Car Parks. In the event that your Vehicle breaks down, you must contact our staff at the Car Park to ensure that your Vehicle removal or repair is organised without causing disruption, damage or danger to any other person or property in the Car Park. If no staff are present at the Car Park, you must email us at email@example.com.
- No activity in connection with selling, hiring or other disposal of the Vehicle shall be carried out at any of the Car Parks.
- You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish or litter in a rubbish bin if provided or take it away with you when you leave the Car Park.
- You are not allowed to pour or discharge fuel into your Vehicle whilst it is in the Car Park. Likewise, you are also not allowed to take fuel out of your Vehicle whilst it is in the Car Park.
- Smoking is forbidden within both the Car Park and the immediate vicinity of the Car Park.
- Anti-social behaviour will not be accepted in any of our Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Our Car Parks are intended for the sole purpose of parking Vehicles. If any person causes a nuisance or disturbance, or otherwise acts in an unlawful or inappropriate manner, we reserve the right to take further action against them.
- You should not take photos or carry out any filming within the Car Park without our prior written consent.
- YOUR PERSONAL INFORMATION
- By entering the Car Park, you acknowledge that we will be collecting and processing the VRM of your Vehicle and other personal data through any ANPR system that is installed and/or by our staff at the Car Park.
- Collection and use of personal data in these circumstances is necessary for enforcement purposes, to calculate relevant parking tariffs (if applicable) and to recover any outstanding Parking Charges. This includes our right to request and obtain the details of a Vehicle’s registered keeper from the DVLA.
- We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under our contract with you.
- Any contract is between you and us. Except as otherwise set out in these Terms, no other person shall have any rights to enforce any of these Terms.
- If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- We shall not be responsible for any breach or non-compliance with these Terms as a result of an event outside of our control (for example, a natural disaster).
- Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, shall be governed by and construed in accordance with the law of England and Wales.
- You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions.
RCP Parking Limited – Season Pass Terms and Conditions
PAYMENTS: RCP Parking Ltd operate two payment types for Season Passes.
- Online Recurring Payments: If you purchase your Season Pass online using our website, you will sign up to a recurring payment. When you purchase a Season Pass online, RCP Parking Ltd will initially take payment for the remainder of the first calendar month only. Simultaneously an automatic recurring payment will be setup to take the next month’s payment on the 1st of the month and so forth until the Season Pass is cancelled.
- BACS: In some cases we may consider accepting BACS payments for large Season Pass holders. E.g 5 spaces or more. For quarterly Season Passes which have approval to pay by BACS, if your start date falls within a quarter, you will be invoiced for the first part month (pro-rated) plus the remaining months within that quarter. FOBs or access cards will only be issued/validated once payment is received. Our Quarter dates are January to March, April to June, July to September and October to December.
Cancellation of Season Pass by Customer [“You”]
- Online Recurring Payments: An online Season Pass may only be cancelled online by logging into your online account on our website. Once logged in, click on the ‘Season Pass’ tab. Find the contract you wish to cancel and click ‘Cancel Contract’. Please note Season Passes can only be cancelled at the end of a calendar month, but cancellations cannot be processed during the 2-day period immediately before the next recurring payment date
- BACS: A Season Pass cannot be cancelled during the first 90 days. Thereafter you can give written notice of cancellation of your Season Pass effective at the end of a calendar month, subject to a minimum of 30 days such notice. Unless proper notice of cancellation has been received, we will send you an invoice approximately one month before the start of the next quarter. Your Season Pass will automatically renew, and you will be liable to pay the invoice for the entire quarter subject to your right to cancel as detailed above. You must notify us in writing at least 30 days before the start of the next quarter if you do not want your Season Pass to automatically renew. Notice to cancel may be by email to firstname.lastname@example.org or by letter to RCP Parking Ltd, 13 Diamond Road, Norwich NR6 6AW.
Cancellation of Season Pass by RCP Parking Ltd
If the car park for which the permit is valid closes for any reason and RCP Parking Ltd are unable to offer, or the customer chooses not to accept, any alternative car park, RCP Parking Ltd shall cancel the contract. In such circumstances RCP Parking Ltd will endeavour to give the customer 1 months' notice or such longer or shorter notice as it is reasonably able to provide and where applicable will refund the prepayment for any unexpired period.
ACCESS CARDS AND FOBS:
A refundable deposit may apply to access cards / FOBs. This deposit will be refunded once the access card / FOB has been returned in full working order. Access cards and FOBs should be returned to: RCP Parking Ltd, 13 Diamond Road, Norwich, Norfolk NR6 6AW. For Damaged access cards or FOBs the deposit will not be refunded. A new refundable deposit will apply for any replacement.
A valid Season Pass does not provide a reserved space unless agreed prior to contract commencing.
CHANGES TO CAR DETAILS:
- Online Recurring Season Pass: Customers must login to their online account and change their car details by clicking ‘Season Pass’, finding the Season Pass and clicking ‘Edit Vehicles’. Find the vehicle you wish to edit and click ‘Remove’. Fill in the new car details and click ‘Save’. Please note, customers are only allowed to change each vehicle on your Season Pass once per month. If you need to change details after having used your allowance, please email us at email@example.com
- BACS: Changes to car details must be notified in writing to RCP Parking Ltd by emailing: firstname.lastname@example.org
The parking of vehicles more than 2.00 metres high, 1.83 metres wide or 4.8 metres long requires the prior consent of RCP Parking Ltd.
Breach of RCP Parking Ltd Season Pass Terms and Conditions may result in one or more of the following actions being taken by RCP Parking Ltd:
• Issue of a warning detailing the nature of the breach
• Issue of a parking charge notice
• Withdrawal of parking facilities
• Legal action to recover outstanding monies plus costs and interest