Resident parking permit terms and conditions

Terms and conditions for resident parking permits

The following terms and conditions will apply from the time we issue your residents' parking permit.

Application for a permit

It's an offence to give false or misleading information when applying for a permit, for which an individual could be fined up to £5,000 and/or imprisoned.

The maximum number of permits that can be purchased per eligible resident is limited to 1, and Brighton & Hove City Council has absolute discretion as to whether or not to issue a permit.

A permit may only be issued for the CPZ in which the permit address is situated.

A permit is not transferable from one person to another. A permit remains the property of Brighton & Hove City Council, and the permit holder must surrender the permit if required to do so. A vehicle-specific permit is only valid for the vehicle shown on the permit.

A permit is not available for second or holiday homes or a car-free property.

A paper permit must be clearly displayed on the windscreen of the vehicle to which it relates so that the particulars on the permit are readily visible from the front near-side of the vehicle windscreen. Failure to display clearly a paper permit may result in the issue of a penalty charge notice, notwithstanding that the permit holder has a valid permit for the vehicle.

A permit does not allow the permit holder to park the vehicle outside the permit address, nor does it guarantee the availability of a parking space.

Any resident permit not received by a resident must be reported within 14 days from the date of the approval email or the postage date.

Car-free property

The permit address must not be, or be part of, a car-free property.

Any existing permits issued must be surrendered immediately, or Brighton & Hove City Council may revoke permits already issued.

Permitted parking and parking bays

A permit only allows the relevant vehicle to be parked in a permit holder-only bay or a shared use permit holder/pay and display bay in the street/part of the street within the CPZ shown on the permit during controlled hours (as displayed on the street signs, within the zone specified on the permit).

The vehicle must be parked within the markings of the permitted bays or spaces available.

A permit does not entitle a holder to park in:

• off-street car parks
• disabled bays
• personalised disabled bays
• car club bays
• doctors bays
• loading bays
• pay and display only bays
• suspended bays
• housing estates or other private land

A permit holder is not entitled to park on yellow lines or in any bay or location on or off-street that is not a permit holder-only or shared use permit holders/pay and display bay.

Failure to park legally may result in the issue of a Penalty Charge Notice (PCN) and removal of the vehicle.

The use of parking bays may be suspended by police officers, civil enforcement officers or duly authorised council officers at any time without notice. A permit is not valid in a bay where parking has been suspended.

The fact that a bay or part thereof has been suspended will be indicated by yellow suspension signs. If a vehicle is parked there, it may be relocated and a Penalty Charge Notice (PCN) issued. Civil enforcement officers or council officers can request to inspect parking permits at any time.

Charges

Charges for permits are as notified by Brighton & Hove City Council on its website and other means of notification to the public and permit holders.

Renewal, surrender, replacement and cancellation

The permit holder is responsible for renewing their permit on time. Any renewal reminders (letters, messages or emails) may be sent as a courtesy and are not a legal requirement.

The permit holder remains fully responsible for:

• permit renewal, regardless of whether they have received a renewal reminder
• ensuring that a valid permit is displayed in the vehicle when the concessions afforded by a valid permit are to be claimed

A permit holder may surrender their permit to the council at any time and must do so on the occurrence of any one of the following events:

• the address for the permit holder is no longer within the CPZ for which the permit was issued
• the permit holder ceasing to be the registered keeper of the Vehicle in respect of which the permit was issued
• the vehicle in respect of which the permit was issued was not of the class specified as being eligible for a permit, or was adapted or used in such a manner that it is not eligible for such a permit (a new permit must be sought in the event of a change of vehicle)
• the revocation of the designation of the parking place(s) to which the permit relates
• the issue of a replacement permit by Brighton & Hove City Council
• the permit is mutilated, defaced, altered, or becomes illegible through fading

A permit holder who surrenders their permit may be entitled to a refund of part of the remaining value (if any) of the permit, subject to Brighton & Hove City Council’s discretion.

As part of our policy to prevent fraud and misuse of permits, proof of address and proof of vehicle ownership can be requested at any time after the issue of a permit. Failure to provide us with the necessary information within 14 days of such a request may result in the cancellation of the permit.

If a permit is lost, stolen, destroyed, defaced or mutilated, the permit holder must notify our parking service immediately, and the permit will cease to be valid. A replacement permit will be issued for the unexpired period of the original permit, and an administration fee will be charged.

We reserve the right to cancel a permit where the permit holder is identified as a persistent evader of payments for contraventions of parking regulations or our requirements in relation to the use of permits.

A permit holder can be classed as a ‘persistent evader’ if there are 3 or more recorded contraventions in respect of the same vehicle within 5 years, and the penalties due for these contraventions have either:

• not been paid in full
• not been represented or appealed against by the permit holder within the statutory time limits, or the representations and appeals for the permit holder have been rejected, and they have still not paid the penalties due in full

A permit is issued subject to the relevant Traffic Regulation Orders (TROs), which may change in the future.

Low, standard and high emission vehicles and DVLA records

Low-emission vehicles are vehicles where the CO2 emissions are recorded on the DVLA records for the vehicle as 110g/km or less. We do not offer a discount for any diesel-fuelled vehicles, even if the CO2 emissions are 110g/km or less.

Standard emission vehicles are vehicles where the CO2 emissions are recorded on the DVLA records as a:

• petrol vehicle producing between 111g/km and 165g/km CO2 emissions
• diesel vehicle producing up to 165g/km CO2 emissions

High-emission vehicles are petrol or diesel vehicles producing 166g/km or more CO2 emissions. We'll use DVLA records to ascertain a vehicle’s CO2 emissions to calculate the cost of a resident’s emissions-based permit.

Temporary permits

If the permit holder is not able to use the vehicle for which the permit was issued, the permit holder may apply for a temporary permit during the validity of the permit to park a different vehicle for a maximum of 14 days in the same CPZ as follows:

• on up to 2 occasions during the duration of the permit; or
• if the permit is purchased quarterly, once during any quarterly period (subject to a maximum of 2 applications in any 12 months)

If these provisions apply, a temporary permit will be treated as a permit.

Being taken off the waiting list

If you're offered a resident permit, your car park pass will automatically be cancelled, and a resident permit will be issued. This will mean you can no longer park in the designated car park and must park on the street in the CPZ where you reside.

Data protection statement and detection of fraud

Brighton & Hove City Council may use data collected in administering parking controls or schemes, including data supplied in an application (or renewal) for a permit for parking administration, management, and enforcement, including investigation of possible parking and traffic contraventions or related offences or for any purpose relating to the parking services offered in Brighton & Hove.

The data may also be used for these purposes by Brighton & Hove City Council's agents and contractors and may be disclosed to enforcement agencies or other local authorities for these purposes.

We are under a duty to protect the public funds we administer, and to this end, may use the information you have provided in relation to your parking application to prevent and detect fraud.

We may also share this information with law enforcement agencies and other bodies responsible for auditing or administering public funds for these purposes.

We will treat the data in accordance with the Data Protection Act 1998. For further information, see the council’s privacy statement.

We will investigate any cases of suspected fraud or misuse of the permit. If we find evidence of fraud or misuse, we will suspend the permit and withdraw the facility's permit to purchase.

We may also cancel permits already purchased, which may render the vehicle owner liable to pay a Penalty Charge Notice (PCN) and possible vehicle removal and storage fees.

We may also prosecute where we consider that fraud or intentional misuse has taken place.

The General Data Protection Regulation (GDPR) came into effect on 25 May 2018. We may update the data protection clauses to ensure compliance with GDPR.

Exclusion of liability

To the extent legally permissible, we exclude liability for damage, loss, or injury howsoever caused to any person, property or any vehicle or its load or content whilst in any parking space or on entering or leaving the parking space, whether such entry or exit is under the control of the vehicle driver, the council or any third party.

Variation of terms and conditions

By applying for or purchasing any permit, the resident:

• certifies that all the information that the resident has given in the application process is correct
• accepts Brighton & Hove City Council's terms and conditions as varied from time to time, together with any terms and conditions stated on the letter to which the permit is attached at the time of issue
• agrees to be bound by and comply with the relevant Traffic Regulation Orders (TROs), which may be varied from time to time

We reserve the right to amend these terms and conditions, application procedures, and the relevant TROs at any time.

Severance

If any provision or part-provision of this agreement 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 this agreement.