Car Park Terms and Conditions

By entering the Car Park (as defined below) you agree to following Terms and Conditions.

Your attention is particularly drawn to clauses 3.1, 3.4, 3.5, 10.6, 11.2 and 12.

1. Definitions

When the following words are used in these Terms and Conditions (the Terms), this is what they will mean:

1.1 us, we and our means The Forum Trust Limited (CRN: 03470398) whose registered office address is The Forum, Millennium Plain, Norwich, NR2 1TF;

1.2 you or your refers to the driver of the vehicle who entered the Car Park;

1.3 ANPR means Automatic Number Plate Recognition;

1.4 Car Park means the parking facilities located at The Forum, Millennium Plain, Norwich, Norfolk, NR2 1TF and managed by us for the designated parking of vehicles;

1.5 Parking Charges mean the charges payable by you to us, when using the Car Park, as described in clause 2.2.

1.6 vehicle means any vehicle used to convey passengers or items that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories;

1.7 VRM means Vehicle Registration Mark; and

1.8 Website means theforumnorwich.co.uk

 2. Parking Charges and permission to use the Car Park

2.1 By entering the Car Park with your vehicle, you agree that you will pay the Parking Charges to us in accordance with clause 10 of these Terms.

2.2 The Parking Charges payable (which may be varied from time to time) are displayed on the boards located at the Car Park and on our Website. You are required to pay the Parking Charges in accordance with any instructions on the boards located at the Car Park (and these Terms). Any failure to do so may result in us issuing you with a Parking Charge Notice in accordance with clause 5 below.

2.3 You may park your vehicle in the Car Park only for so long as we are willing to permit you to do so. We may ask you to remove your vehicle from the Car Park at any time. In allowing you to park your vehicle within the Car Park you understand that no relationship of landlord and tenant is created between us, and at all times we retain control, possession and management of the Car Park (including any space you may have parked your vehicle) and you have no right to exclude us from any part of the Car Park (including any space you may have parked your vehicle).

3. Our liability to you

3.1 We will operate the Car Park with reasonable skill and care (our obligations). If we fail to do so, we shall only be responsible for direct loss or damage you suffer as a foreseeable result of our breach of our obligations, or our negligence, or the negligence of our employees.

3.2 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

3.3 We do not guarantee that there will be any vacant parking space within the Car Park at any particular time. If you are unable to find a space, you should leave the Car Park as soon as possible to ensure you do not incur a Parking Charge. 

3.4  The Car Park is a public car park and is available for use and access by other members of the general public. We cannot guarantee that members of the general public will not enter the Car Park and cause damage to property and/or engage in criminal activity. In parking your vehicle in the Car Park, you understand and agree that 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.  

3.5 We do not accept liability for:

a)   the security of your vehicle and/or its contents;
b)   damage to your vehicle, whether caused accidentally or by way of vandalism; or
c)    indirect or consequential loss.
3.6 If the Car Park, or any item located within the Car Park, is damaged by you, your vehicle or the passengers in your vehicle, unless the damage was caused by our negligence, we will seek to recover the costs to repair such damage from you.

3.7 If your vehicle sustains damage whilst in the Car Park, or if you lose your vehicle or any of your possessions from your vehicle, you should immediately inform a member of staff at the Forum customer service office, located within the main building.

3.8 If you cause any damage to another customer’s vehicle, you must immediately report this to a member of staff at the Forum customer service office, located within the main building.

4. Claims and complaints

4.1 If your vehicle sustains damage while in the Car Park, if your vehicle is stolen, or if any possessions are stolen from your vehicle whilst it is in the Car Park you should:

a) immediately inform either a member of staff at the Forum customer service office, located within the main building or otherwise notify our Customer Services Department on 01603 727967 or via pressing the intercom button on the pay machine;

b) in the case of theft, immediately inform the police; and

c) notify your insurers promptly.

4.2 Any claims against us, or complaints about the service you have received, should be provided to our customer service team at [email protected]. In the case of a claim, full details should be provided to us as soon as possible.

Before submitting a claim, please refer to clause 3 of these Terms, which set out the extent of our responsibility to you in relation to any loss.

5.  Parking Enforcement

5.1 Whilst your vehicle is within the Car Park you must comply with the following requirements:

a) you must comply with all signs and markings in the Car Park, including these Terms and those contained on the boards located within the Car Park;

b) you must park your vehicle fully within the limits of a marked bay and not allow your vehicle to straddle bays or cause any obstruction to other users of the Car Park; 

c) if you are parking a motorcycle, you must only park the motorcycle within a designated motorcycle parking area, and not in any other bay; 

d) you do not park your vehicle in any bay designated for a specific purpose or person 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 accompanying vehicle charging facilities; or

iii) parking in a reserved space.

e) you do not park your vehicle in any reserved or restricted areas (including any hatched areas) of the Car Park or any other area which is not a marked parking bay; and

f) you pay all Parking Charges due in respect of the parking of your vehicle in accordance with 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 any pre-booked parking ticket.

5.2 If you fail to comply with any one or more of these Terms, we may issue you with a Parking Charge Notice requiring you to pay any Parking Charges due from your and any associated administrative and/or debt recovery costs incurred by us in seeking to recover and/or enforce the Parking Charges in question. The amount of debt recovery costs claimed (excluding any legal expenses) is limited to the maximum sum permitted under the BPA Code of Practice.

5.3 All necessary information about how to pay the Parking Charges, the applicable deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out in 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.    

6.  Security of your vehicle

6.1 Please ensure that whilst it is in the Car Park, your vehicle is left securely locked with the handbrake on, all windows securely closed and any vehicle alarm, steering lock or similar device engaged. We are not responsible for any loss you might suffer as a result of your failure to properly secure your vehicle.

6.2 We operate CCTV cameras within the Car Park to assist in its operation. Whilst the cameras may deter criminal activity, we do not ensure any level of camera coverage provided, nor do we offer any guarantee of the security of your vehicle where CCTV is installed within the Car Park.

7.  Possessions

7.1 Any possessions left in your vehicle are left entirely at your risk. We suggest that no valuable items are left in your vehicle in such that they are visible from the outside of your vehicle. We are not liable for any theft by third parties of any items from your vehicle. Please ensure that you do not leave any animals or children in your vehicle unaccompanied.

7.2 We cannot (and none of our employees or agents may) accept any of your personal possessions for storage or security.

8. Traffic Orders and Byelaws

The use of the Car Park may be regulated by traffic orders or byelaws under which a penalty may be payable by you for any failure to comply with these Terms, or the requirements of the relevant order or byelaw. In such circumstances, separate notices specifying the relevant order or byelaw will be displayed in the Car Park and 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 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 your vehicle or exiting the Car Park in your vehicle. Once you have parked your vehicle, you must proceed as soon as reasonably practicable to the nearest lift, staircase or 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 At all times when driving your vehicle in the Car Park, you must drive carefully and responsibly, and with all due care and attention. This includes, but is not limited to, not using any mobile phone, tablet or other similar device whilst driving in your vehicle. Whilst in the Car Park, you must cooperate with any instructions given to you by our employees or agents.

9.3 At all times when in the Car park, you must ensure that you accompany and supervise any children or animals brought into the Car Park by you.

9.4 Other vehicles will be moving within the Car Park at all times. When you are walking or driving within the Car Park you must do so carefully and responsibly, and with all due care and attention, and without causing a danger or nuisance to other Car Park users.

9.5 When driving within the Car Park, you must follow all one-way directional signage and road markings, and must not drive against the designated flow of traffic. You must take particular care at junctions, corners and pedestrian areas to ensure you are proceeding in the correct direction and without endangering other Car Park users.

10. Tickets and Payment

10.1 Any ticket for use of the Car Park which may be issued by us is only valid for the vehicle in respect of which it is issued. Tickets may not be transferred to any other person or vehicle.

10.2 You must pay the Parking Charges due in respect of duration of your vehicle’s stay in the Car Park before you are able to exit the Car Park. The Parking Charges are calculated based on the time and duration of your vehicle’s stay within the Car Park. When entering and exiting the Car Park, you must use one of the following methods:

a) ANPR (no ticket required): On entry, the Car Park captures your vehicle’s VRM via ANPR cameras. You are not required to take a physical parking ticket (but may do so if you prefer; please see below). To calculate your Parking Charges using ANPR, before leaving the Car Park in your vehicle, you must ensure you enter the correct VRM of your vehicle into the pay on foot machine and pay the appropriate Parking Charges. Once you have paid in this way, you may exit the Car Park, and the barriers will raise on recognising your vehicle’s VRM via ANPR cameras; or

b) Physical parking ticket: If you prefer not to use the ANPR systems, you may take a physical parking ticket on entry to the Car Park by pressing the button at the barrier. When you leave, you must insert the ticket into the pay on foot machine and make payment for the time spent, as indicated, using either a debit or credit card or cash where the pay on foot machine accepts it.

10.3 We reserve the right to change payment methods from time to time in our Car Park. You should check all signs and notices in the Car Park for further information about the payment methods available in the Car Park.

10.4 If you delay exiting the Car Park once you have paid the Parking Charges, you may incur additional charges.

10.5 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.

10.6 We reserve the right to refuse to lift the fixed barrier at the Car Park to allow the release of any vehicle if payment of the Parking Charges relating to the parking of that vehicle has not been received in an appropriate payment method, including (but not limited to):

a) where your debit or credit card has been declined;

b) you have failed to pay by the required time limit; or

c) you have failed to produce a valid and current parking ticket, if applicable.

10.7 If you cannot produce your parking ticket (should this be the relevant payment method you choose), when leaving the Car Park you will be charged the full 24 hourly 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 in respect of our time and costs incurred in dealing with any such non-payment.

10.8 No refund will be made for any Parking Charges paid in respect of a lost ticket, even if this ticket is subsequently produced.

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 your vehicle within the Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to the extent that this is reasonably necessary to protect the safety of persons or property, or to avoid an obstruction within the Car Park.

12 Abandoned vehicles

12.1 We will regard any vehicle left in the Car Park for more than 28 days without prior notification as abandoned.

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 7 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 proceeds of sale will be applied in and towards satisfaction of all sums owing to us (including Parking Charges for the period the vehicle was in our Car Park) 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 deduction of all sums owing to us (including our reasonable costs of removal, storage, and sale) will be held by us on behalf of the registered keeper of the vehicle. We will take reasonable steps to notify the registered keeper of the sale and of their right to claim the balance. If the balance remains unclaimed for a period of twelve months from the date of sale, it shall be deemed forfeited and may be retained by us absolutely.

13 Prohibited activities

13.1 You shall not:

a) Tow or have towed a vehicle into the Car Park. In the event of vehicle breakdown, you must immediately inform a member of staff at the Forum customer service office, located within the main building, to ensure that your vehicle removal is organised without causing damage or danger to any other person or property in the Car Park;

b) Spend an excessive amount of time (as determined by us, in our absolute discretion) in your vehicle whilst it is parked in the Car Park. This includes, without limitation, sleeping or staying overnight in your vehicle, or otherwise remaining or camping overnight in the Car Park; and

c) 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:

a) Any service work, maintenance, cleaning (unless carried out by our employees, agents or representatives) or repairs to any vehicle;

b) Any business activity at the Car Park including, but not limited to, any activities in connection with selling, hiring or other disposal of the vehicle or any other services;

c) Filling or emptying vehicle fuel tanks;

d) 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;

e) Driving dangerously or too fast and in contravention of the directional signs and speed limits;

f) Making unnecessary noise, including playing music in any way that causes a nuisance to any users of the Car Park or people who live or work nearby;

g) Filming or taking photographs of any vehicles, the Car Park or other users of the Car Park;

h) Cooking, cleaning or lighting fires;

i) Using the full facilities of a camper van, including, but not limited to, the toilet, bathroom and kitchen;

j) Doing, or attempting to do, anything which constitutes a criminal offence or is in breach of the law;

k) Smoking anywhere within the Car Park and the immediate vicinity of the Car Park;

l) Not to cause, or permit to be caused, any damage to the Car Park, any neighbouring property, or any other vehicle or property located within the Car Park;

m) Using any area of the Car Park as a toilet facility;

n) Any anti-social behaviour or behaviour which may cause nuisance, harassment, offence or inconvenience to us or any other user of the Car Park including, but not limited to, drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering, or letting any animals off of 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

We do not accept liability for any failure to perform our obligations under these Terms, or any damage otherwise caused to your vehicle or your possessions, by reason of any events beyond our reasonable control (including but not limited to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire or adverse weather conditions).

15 Variation of the Terms and Conditions

These Terms cannot be varied except in writing by us. Nothing said or done by any of our employees can vary these Terms.

16 General

Each of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.