Waiting list car park pass terms and conditions
The terms and conditions you must follow when you hold a car park season pass whilst on the resident permit waiting list.
The following terms and conditions will apply at all times that you hold a car park season pass whilst on the Resident Permit waiting list.
Car park season pass terms and conditions
Terms and conditions
The following terms and conditions will apply at all times that you hold a car park season pass whilst on the Resident Permit waiting list.
These terms and conditions set out the terms on which we will supply you with a season pass.
By placing an order for a season pass, you agree to be bound by these terms and conditions.
References to ‘the council’ mean Brighton & Hove City Council and shall include any representatives, contractors, agents or sub-contractors of Brighton & Hove City Council. The customer shall mean any person who, having control of or driving a vehicle, uses the car parks and shall include all passengers.
If you have any comments or queries, send an email to our Traffic Control Centre at trafficcontrolcentre@brighton-hove.gov.uk.
1
Once issued with a season pass, you must keep the season pass with you at all times that you intend to use the car park. The season pass can be used to permit entry or exit to the car park and may be required in situations where the Automatic Number Plate Recognition (ANPR) fails to recognise the Vehicle Registration Number (VRN).
2
Car parks controlled with security doors will require the season pass holder to use their season pass to gain pedestrian entrance to the car park.
3
If your season pass does not operate the entry and/or exit barrier, then you must contact an operator to activate the barrier. Operators can be contacted by using the emergency assistance button located on the equipment. Failing to contact an operator and choosing to take a day ticket may result in the day ticket charge needing to be paid before exit, and to prevent further issues.
4
A season pass does not guarantee a space, nor shall it entitle the customer to any particular space in the car park, nor to priority over other customers. Customers must park within the markings of a designated space. We reserve the right to nominate specific bays for designated use.
5
Your season pass will permit you to park one vehicle only in the nominated car park at any one time. Once your season pass has been used to remove a vehicle from a car park, it cannot be used again to remove a different vehicle, which overlaps any part of the period of parking of the first vehicle.
6
We provide only a place to park in return for payment and cannot guarantee the security of customers' vehicles and their contents. Brighton & Hove City Council does not accept liability for any damage to or loss of vehicles or their contents which is the result of acts or omissions outside the reasonable control of the council or its contractors.
7
Brighton & Hove City Council shall not be liable in respect of any death, personal injury, loss or damage sustained by any person entering a car park, howsoever the same may be caused, unless caused by the negligence of or breach of statutory duty by the council.
8
Upon discovery of an incident within the car park or if the customer damages the property of a third party or Brighton & Hove City Council, customers should report it:
- directly to the Traffic Control Centre by using the intercom system
- by phoning 01273 294 296
In the case of damage to or theft of or from a vehicle whilst in the car park, customers are advised to notify their Insurers and the police promptly.
9
The customer agrees to indemnify the council in respect of any claim made by a third party arising out of the negligence of the customer.
10
Brighton & Hove City Council reserves the right to refuse admission to any or all of its car parks if circumstances dictate. Trailers, caravans, pedicabs, boats and vehicles whose height exceeds the entry restriction at the car park are not allowed admission into the car park.
11
The customer shall not at any time tow any vehicle into the car park nor shall any repairs, renovations, additions or alterations be carried out to any vehicle whilst it is parked in the car park.
12
The customer shall not, at any time at the car park, sell, hire, exhibit for sale or conduct any negotiations or dealings, whether legal or illegal or carry out any illegal or immoral acts whatsoever.
13
CCTV and ANPR are in operation at this car park, and recorded material may be used as evidence to support the prosecution of those engaged in criminal activity.
14
Unless otherwise specified in writing, any ticket issued by the council is not transferable.
15
Tailgating another vehicle or allowing another vehicle to tailgate at the entry or exit barriers is strictly prohibited. Any car park users seen tailgating another vehicle may have their implied invitation to park removed.
Brighton & Hove City Council may instruct legal representatives to begin proceedings to recover the costs in a County Court. We may also choose to pass details of the offence to the police to commence criminal proceedings separately.
16
In default of production of a ticket, the council will refuse to release the vehicle until customer identification is ascertained and a lost ticket declaration is completed by the customer.
17
In the case of regular default of production of a valid season pass, Brighton & Hove City Council shall have the right to charge the customer for the parking, without refund. We reserve the right to review each case on its individual merits.
18
The staff who operate this car park have the right to perform their daily duties free from verbal or physical abuse from the users of this facility. Any incidents of this nature will be reported to the police, and offenders will be prosecuted.
19
Customers shall drive carefully and considerately and obey the staff, direction marking, signs and speed limits. After parking, customers and their passengers shall use the pedestrian walkways and exits as applicable.
20
A vehicle will be treated as abandoned where the vehicle remains in the car park for a period of 14 days after the season pass has expired.
21
Any season pass holder whose vehicle enters the car park and remains parked for 60 consecutive days or more without leaving the car park for a reasonable amount of time shall automatically attract a storage surcharge and will be invoiced at an appropriate rate for the car park.
22
A season pass shall remain the property of Brighton & Hove City Council, to which it shall be surrendered on expiration.
23
Vehicles parked in the car park shall abide by any other terms and conditions as published in the car park or on the Brighton & Hove City Council website. Failure to comply with our terms and conditions will result in the season pass being cancelled.
Charges
1
Charges for this season pass are as notified by Brighton & Hove City Council on its website and through other public notifications relating to resident permit holders.
Replacement cards
1
If your season pass is lost or stolen, we will issue a replacement provided that you send your request for a replacement to us by email to TCCteamleaders@brighton-hove.gov.uk.
2
If your replacement season ticket is lost or stolen, we may charge an administration fee, payable to us at the time of the replacement request.
3
If your season pass does not work for any reason, save where you have misused or failed to take proper care of your season pass, we will issue a replacement season pass.
If you have misused or failed to take proper care of your season pass, we may charge an administration fee, payable to us at the time of the replacement request.
Blue Badge/disabled parking bays
1
The provision of disabled parking bays is made for the sole use of vehicles displaying a valid Blue Badge clearly on the dashboard so that it can be seen through the windscreen.
2
The clock on the blue badge does not need to be set or displayed.
3
Blue Badge holders are not exempt from the parking charges in the car park and must pay the necessary charges or hold a season pass.
4
Vehicles parking in a Blue Badge space and not displaying a valid Blue Badge visible through the windscreen will be liable to receive a Penalty Charge Notice issued on behalf of Brighton & Hove City Council by a Civil Enforcement Officer.
5
On occasion, details of Blue Badges may be recorded by Civil Enforcement Officers to prevent fraud or misuse.
Electric vehicle charging bays
1
Brighton & Hove City Council have designated specific parking spaces for the provision of charging electric vehicles whilst those vehicles are parked within the car park. These parking spaces are for the use of customers parking plug-in electric or plug-in hybrid vehicles only.
2
Any person wishing to make use of the electric vehicle charging facilities is responsible for payment of the electric charge to the charging unit operator.
3
Valid vehicles that have used the electric charging facilities will need to pay the appropriate parking tariff or hold a valid season pass in addition to any fees paid to the charging unit operator.
4
Vehicles parking in an electric vehicle charging space that are not plug-in electric or plug-in hybrid, or are not actively plugged-in to charge, will be liable to receive a Penalty Charge Notice (PCN) issued on behalf of Brighton & Hove City Council by a Civil Enforcement Officer.
Change to resident permit
When 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 Controlled Parking Zone where you reside.
All communications relating to car park season passes should be directed to: Brighton & Hove City Council, Hove Town Hall, Norton Road, Hove, East Sussex, BN3 4AH.
The following terms and conditions will apply from the issuing of your resident's parking permit.
Resident parking permit holders terms and conditions
Definitions
Application
An application by the resident for a permit.
Car-free property
A property within a special area covered by an agreement made under Section 106 of the Town and Country Planning Act 1990; or a development area for which planning permission has been granted and there is a condition that the area is to be kept car-free.
Council
Brighton & Hove City Council.
CPZ
A controlled parking zone is an area listed in the relevant traffic regulation order.
DVLA
Driver and Vehicle Licensing Agency.
Permit
A resident’s parking permit issued by the council to the resident.
Permit address
The property, the postal address of which is within the list of streets in the relevant traffic regulation order for the CPZ for which the permit is required.
This does not include any vehicle constructed or adapted for human habitation nor any trailer or caravan similarly constructed or adapted.
Permit holder
The resident to whom the permit is issued.
Resident
A person aged 17 years or over who resides at the permit address for not less than 5 nights per week.
Traffic regulation order
Legal agreements to enable the council to manage traffic.
Vehicle
A roadworthy, taxed and insured mechanically propelled vehicle (without trailer) with 3 or more wheels (not being an invalid carriage or motorcycle) which:
- has a maximum length of 6 metres
- has a maximum height of 2.25 metres (2.0 metres for car park use)
- has a maximum unladen weight of 2,540 kilograms
- is registered with the DVLA, or in the case of an initial temporary permit the vehicle will be registered with the DVLA within 3 months of the date the application is accepted by the council, in the name of the permit holder at the permit address
The use of the online application system to purchase residents’ parking permits is subject to the following terms and conditions.
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 the 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 the council and the permit holder must surrender the permit to the council 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 give the permit holder the right 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 postage date.
Car-free property
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The Permit Address must not be, or be part of, a car-free property.
Any existing permits issued must be surrendered immediately or the council may revoke permits already issued.
Permitted parking and parking bays
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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.
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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, or 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 and removal of the vehicle.
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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 so parked it may be relocated and a penalty charge notice issued. Civil enforcement officers or council officers can request to inspect parking permits at any time.
Charges
- Charges for permits are as notified by the council on its website and other means of notification to the public and permit holders.
Renewal, surrender, replacement and cancellation
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It's the responsibility of the permit holder to renew the 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 or have not received a renewal reminder and to ensure that a valid permit is on display 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 the council
- the permit is mutilated, defaced, altered, or becomes illegible through fading, etc.
- 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 the council’s discretion.
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As part of the council’s 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 the council with the necessary information within 14 days of such a request may result in the cancellation of the permit.
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If a permit is lost, stolen, destroyed, defaced or mutilated, the permit holder must notify the council’s 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.
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The council reserves the right to cancel a permit where the permit holder is identified as a persistent evader of payments for contraventions of parking regulations or the council’s requirements in relation to 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 which may be subject to change in the future.
"Low, standard and high emission” vehicles and DVLA records
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Low-emission vehicles are vehicles where the CO2 emissions are recorded on the DVLA records for the vehicle as 110g/km or less.
The council does 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 - 165g/km CO2 emissions
- diesel vehicle producing up to 165g/km CO2 emissions
- High emissions vehicles are a petrol or diesel vehicle producing 166g/km or more CO2 emissions.
- The council will use DVLA records to ascertain a vehicle’s CO2 emissions to calculate the cost of a resident’s emissions-based permit.
Temporary permit
- 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-month period)
If these provisions apply, then a temporary permit will be treated as if it was a permit.
Waiting List offer out
When 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
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The council may use data collected in administering parking controls or schemes including data supplied in an application (or renewal) for a permit for the purposes of 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 the council’s agents and contractors and may be disclosed to enforcement agencies or other local authorities for these purposes.
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The council is under a duty to protect the public funds it administers, and to this end may use the information you have provided in relation to your parking application for the prevention and detection of fraud.
It may also share this information with law enforcement agencies and other bodies responsible for auditing or administering public funds for these purposes.
The council will treat the data in accordance with the Data Protection Act 1998. For further information, see the council’s privacy statement.
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The council will investigate any cases of suspected fraud or misuse of the permit. If the council finds evidence of fraud or misuse it will suspend the permit and withdraw the facility to purchase permits.
The council may also cancel permits already purchased, which may render the vehicle owner liable to pay a penalty charge and possible vehicle removal and storage fees.
The council may also prosecute where they consider that fraud or intentional misuse has taken place.
- The General Data Protection Regulation (GDPR) came into effect on 25 May 2018. The council may update the data protection clauses to ensure compliance with GDPR.
Exclusion of liability
- To the extent legally permissible the council excludes 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 type of permit, the resident:
- certifies that all the information that the resident has given in the application process is correct
- accepts the 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 and
- agrees to be bound by and comply with the relevant traffic regulation orders which may be varied from time to time
The council reserves the right to amend these terms and conditions, application procedures and the relevant traffic regulation orders at any time.
Severance
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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.