The Southgate Limited Partnership IMPORTANT NOTICE

TERMS AND CONDITIONS
THIS NOTICE SETS OUT THE TERMS AND CONDITIONS WHICH APPLY TO EVERYBODY WHO COMES INTO THE SOUTHGATE, BATH CAR PARK FOR ANY REASON.

1. MEANING OF WORDS
Some of the words used in this Notice have special meanings. These meanings are explained in this section of the Notice. Every time a word with the special meaning is used in the Notice it is printed in bold type.
“The car park” means the whole area of the car park, entrances and exits, and includes any buildings, structures, fences or walls forming part of the car park.
“The Company”: The SouthGate Limited Partnership (for the Company’s address see the bottom of the Notice). The Company is responsible for running the car park. “The Company” includes anybody working for the Company as an employee or agent.
“Customer”: any driver of a vehicle who brings the vehicle into the car park to park it.
“Owner”: any person or company who either owns or has the right to drive a vehicle (either with the permission of the person who owns the vehicle or is responsible for the vehicle under a hire agreement).
“Vehicle”: this includes any car or other motor vehicle of any kind.

2. PERMISSION TO ENTER THE CAR PARK
a) Only the following people have permission to enter or remain in the car park:

 Authorised employees or agents of the Company

 Any owner of a vehicle who comes into the car park to park it

 Any owner of a vehicle who comes into the car park to collect and remove the vehicle, provided that all charges due to the Company are paid before it is removed
 Any passenger travelling in a vehicle with the permission of it’s owner, when the vehicle is brought into the car park or intending to travel in the vehicle, with the permission of it’s owner, when it leaves

 Any owner of a vehicle, or person authorised by its owner who requires access to the vehicle while it is parked.
Permission is not given for vehicles of a type expressly excluded by notices at the entrance to the car park.
b) If you are not within any of these definitions you have no permission to be in the car park.
Any employee or agent of the Company may require you to leave at any time and is authorised if necessary to call for police assistance to have you removed.

c) The Company is entitled to check whether anybody who is in the car park has permission to be here and a legitimate reason for being here. Your cooperation is appreciated as this can help to improve security.
d) Certain activities are not permitted at any time in the car park:

 Towing a vehicle (including any trailer) into the car park

 Cleaning a vehicle

 Selling, hiring or otherwise disposing of a vehicle

 Parking anywhere except in a marked bay, designated level or area defined by Membership or Permit.

 Misusing or damaging any facilities in the car park
 Driving dangerously or too fast

 Making unnecessary noise, including playing music in any way that annoys other users of the car park or people who live nearby

 Doing or attempting to do anything, which is a criminal offence.

e) Permission to use the car park is automatically withdrawn if you are in breech any of these things.

3. CHARGES, PAYMENT AND TICKETS
a) The charges for using the car park are displayed at the main entrance barriers. The Company can change the rates at any time without the previous notice. Any changes will be applied immediately the rates displayed on the noticeboards are changed.

b) Permit charges are available from the management office. The Company can change the rates at any time without previous notice. Any rate changes cannot be implemented within the agreed set pre-paid period. (max 1 calendar year)
c) It is a condition for bringing any vehicle into the car park that the correct charges are paid in full. All charges must be paid before the vehicle leaves the car park.
d) In certain circumstances the Company has a legal right to detain a vehicle in the car park until charges due to the
Company have been paid. Details are in section 5 below.

e) Payment of the Company’s charges only covers the owner using the car park to park the vehicle for which payment is made. It does not cover any other services. In particular, the Company does not guarantee any security against theft or damage to vehicles or their contents or the personal safety of anybody using the car park.

f) Permit holders or Members (once authorised by the Company) agree to purchase in advance parking Permits pertaining to an agreed timescale. (as detailed by payment) (minimum 1 week, maximum 1 year) The company reserves the right to cancel any such agreement without notice. Any outstanding prepaid monies will be refunded in full within 28 days of cancellation.
4. THE COMPANY’S LEGAL OBLIGATIONS
a) The only legal obligation of the Company is to permit the owner of a domestic vehicle to park in any marked parking bay which is vacant, for the time allowed based on the amount paid. Permit holders / members are obliged but restricted to park as directed by Permit terms & conditions.

b) The Company does not guarantee that there will be any vacant parking space at any particular time.

c) Subject to paragraphs d) and e) overleaf. The Company has no other legal obligations to anybody who enters the car park or for any vehicle, which is brought into the car park, or any property carried by anybody entering the
car park or in any vehicle whilst in the car park. This means that there is no liability if:

 A vehicle is damaged by collision or vandalism, or otherwise

 A vehicle or any other property in it is stolen, or damaged during an attempted break-in

 A person is killed or injured by any person or cause, except where paragraph d) of this section applies

 Anybody suffers any financial or other loss or inconvenience through delay in being able to leave the car park or take out a vehicle
 Anything else happens, for whatever reason, which is not covered by paragraph d) or e) of this section

d) These terms and conditions do not affect the legal rights of any person under Section 2 1) of the Unfair Contract Terms Act 1977. This means that if a person is killed or injured while in the car park as a result of negligence or deliberate act of any employee or agent of the Company or any other breach of the legal obligations of the Company and in either case there would be a claim in law for damages apart from these terms and conditions, that claim is not excluded.

e) These terms and conditions do not affect the liability of the Company for damage to any vehicle or its contents whilst on it is in, or entering or leaving the car park, where the damage is caused by the negligence or deliberate act of any employee or agent of the Company for which the Company is liable in law. This paragraph does not make the Company liable in any circumstances for loss of, or damage to a vehicle or any of it contents, resulting from theft, vandalism, attempted theft, or from any conduct of any third party (including the driver of any vehicle) other than an employee or agent of the Company.

5. THE COMPANY’S LEGAL RIGHTS
a) Everybody who enters the car park is taken to agree, in return for the use of the car park in accordance with these terms and conditions, to be bound by and to comply with all the terms and conditions of this Notice.
b) The Company is entitled at its discretion to move vehicles (manually or by driving them) so as to make the best use of the car park or to allow other vehicles to be moved. This may include moving vehicles outside the car park while other vehicles are being moved or parked. If any damage to your vehicle results from this, section 4 paragraph e) applies.
c) If any changes payable for parking a vehicle have not been paid the Company is entitled to detain the vehicle until all outstanding charges have been paid. This right is known as “lien”. The Company can at its discretion exercise its lien

either by keeping the vehicle in the car park or removing it elsewhere, but will only remove the vehicle in this way if charges have been outstanding for 7 days or longer.
d) If the Company, in exercising its lien, removes a vehicle from the car park, it can add the reasonable cost of garaging the vehicle to any outstanding charges, which must be paid before the vehicle is released. While the vehicle remains in the car park, parking charges will continue to apply at the current daily rates and will also be added to any earlier outstanding charges which must be paid for before the vehicle is released.

e) At any time when parking charges have been outstanding for at least 7 days the Company may take steps to dispose of the vehicle concerned. By bringing a vehicle into the car park the owner gives consent to the Company taking this action, subject to the procedure set out in paragraphs g) and h) of this section; the owner’s consent cannot be withdrawn.
f) Before taking steps to dispose of a vehicle, the Company will send a notice by recorded delivery post to the address of the registered keeper of the vehicle as advised by the DVLA, and to any other address the Company has reason to believe may be the address of a person with legal interest in the vehicle, giving 3 months’ notice (from the date of posting) of its intention to dispose of the vehicle unless all outstanding charges are paid before the notice expires. In addition, the Company will if necessary make reasonable inquiries through the Police to try to locate the vehicle owner.
g) If following the steps set out in paragraph g) of this section, there are still charges outstanding for a vehicle, the Company may arrange for the sale of the vehicle either by auction or for scrap or, its discretion privately. The Company will be entitled to keep the proceeds all outstanding charges, and the reasonable costs of attempting to contact the vehicle owner and of selling the vehicle. Any claims of any person interested in the vehicle will be satisfied by the Company sending a cheque for the balance (if any) by recorded delivery post to the address of the registered keeper of the vehicle.

h) These rights of disposal are in addition to any rights of the Company to dispose of unclaimed vehicles under the Torts (Interference With Goods) Act 1977.

6. OTHER TERMS
a) The Company is entitled to assume that when a vehicle enters the car park, the driver of the vehicle, or person who obtains or pays for a ticket for the vehicle, has full authority to act on behalf of
i) Any person who is a passenger when the vehicle enters or leaves the car park and
ii) Any other person who, with the permission of the owner of the vehicle, gains access to the vehicle while it is in the car park.
By driving into the car park or paying for a ticket you represent to the Company that you have the authority to act as agent for all such other people.
iii) Only the Company has the right to alter these terms and conditions or agree that the terms and conditions do not apply in full to any person. The only exception to this is where the Company has formally agreed in writing, and a Director of the Company has signed its agreement.

Any queries or complaints should be put in writing to the Centre manager.

The address of the Company is: The SouthGate Limited Partnership SouthGate, Bath
12 Southgate Street Bath
BA1 1AQ