Ticketless parking terms and conditions

Introduction

  1. Canterbury City Council is providing Automatic Number Plate Recognition services (ticketless parking) in selected Canterbury City Council car parks. These terms and conditions set out the relationship between Canterbury City Council and customers using the car parks at which Automatic Number Plate Recognition is in operation.
  2. The services provided through this website are supplied by Canterbury City Council, (with the services hereafter termed as ticketless parking).
  3. The ticketless parking service is accessed and represented through the Canterbury City Council website www.canterbury.gov.uk/.
  4. The overall control of parking operations and any enforcement is provided and managed by Canterbury City Council.
  5. Ticketless parking support a range of services and payment facilities for drivers, operators or owners of vehicles that are required to pay fees for parking, through the internet or mobile phone. Ticketless parking is officially used and authorised by Canterbury City Council to collect payments, and to provide to the authority vehicle parking details and information. When using ticketless parking services you are bound by these terms and conditions which are applicable for use of this service. The terms and conditions of Canterbury City Council shall also apply. You will need to familiarise yourself with these, they are usually available at the parking location, or if not, at Canterbury City Council website.
  6. If any term in these terms and conditions are considered unenforceable, they shall be individually omitted from the terms and conditions, the remaining terms and conditions shall apply and be enforced.
  7. You are not permitted to assign or transfer any details as a registered user of ticketless parking to any other person/third party.
  8. Canterbury City Council’s terms and conditions are subject to variation, please refer to this website directly for up to date information.
  9. If you need to contact us for any reason, you may do so by writing to us at: Parking Facilities, Canterbury City Council, Council Offices, Military Road, Canterbury, Kent - CT1 1YW, or parking.facilities@canterbury.gov.uk

Registering and using the ticketless parking service

  1. To obtain the services of ticketless parking you must first register through the Canterbury City Council website www.canterbury.gov.uk/ and be accepted for services with Canterbury City Council.
  2. During registration you are required to provide correct details where requested, this includes name, address, vehicle registration number, mobile number and payment details. If your personal details change you should update your registered details on the ticketless parking service or contact Canterbury City Council immediately.
  3. After you have been accepted to use ticketless parking services and have been provided with an account you must enter any requested details correctly when using any ticketless parking services. This includes (but is not limited to) the correct location code (if requested) for your parking location. The location code will be displayed at the location of parking. When paying for services on the website you must ensure correct entry of location, failure to do so can result in entry or exit being barred from the car park, or any form of parking enforcement and liabilities, should due payment for any parking rights provided not be made .
  4. A parking booking is deemed to have been placed when made from your mobile phone or through Canterbury City Council‘s website at www.canterbury.gov.uk/, or as a registered user sending an SMS with correct details. Canterbury City Council reserves the right not to accept the booking if payment for services are not fulfilled. Registration for service does not guarantee a parking space at any time with Canterbury City Council. Parking spaces available through the ticketless parking service are strictly 'subject to availability' only.
  5. You shall be bound by and adhere to the respective terms and conditions of Canterbury City Council, and where there is a conflict, these terms and conditions shall prevail.
  6. For each booking, Canterbury City Council shall process your personal data including details for bank/card payments, and you are consenting to the use of these details.
  7. Your ticketless parking payments and any personal information held is managed by our payment provider partner, who meet the very highest level in security standards for payments and for transactional data. They are a PCI DSS Level 1 compliant payments provider, a data security standard mandated by the Payment Card Industry (PCI) Security Standards Council.

Payment for services

  1. You are responsible for all charges (including VAT) arising out of the use of ticketless parking services. These shall include any and all charges for:
    1. The use of a mobile (if applicable and irrespective of type of device) and all service charges levied by the mobile operator.
    2. Parking charges, including (but not be limited to) the charge for parking fees payable to Canterbury City Council,
    3. Fees payable through using the ticketless parking service
    4. Any charges levied by Canterbury City Council, bank or card issuer.
  2. By registering with the ticketless parking service you become a Registered User and agree and authorise Canterbury City Council to obtain funds, including pre-authorisation for payment. Where multiple vehicles are registered, charges will be made for each vehicle that has parked using the service.
  3. No credits or refunds will be given for periods of time during which a season ticket is not used.
  4. Ticketless parking services can be cancelled at any time through the Web site, no credits or refunds will be made. Canterbury City Council must receive written notification of cancellation 7 days before the cancellation shall take effect.

Availability of service

  1. Canterbury City Council will apply best efforts to maintain the continuous operation of the ticketless parking service, however we do not guarantee uninterrupted access to the ticketless parking service, and you accept that access to the ticketless parking service may be restricted for occasional repairs, routine maintenance or upgrades.
  2. Situations may occur that are beyond Canterbury City Council’s reasonable control, that can disrupt the provision of ticketless parking services. Canterbury City Council will recommence provision of ticketless parking services as soon as the root cause has been resolved. There may be a delay before we can recommence ticketless parking services.

Suspension or termination of service

We may suspend account usage where a Registered User is in breach of any of the terms and conditions. Registered Users will be notified either in writing by post or by email that the account has been suspended, to re-enable an account you will be required to provide supporting information to satisfy Canterbury City Council that cause or reason of suspension has been fully rectified/resolved.

Canterbury City Council shall be entitled to terminate ticketless parking services immediately if:

  1. Any notified amounts owed by a Registered User are not paid immediately.
  2. Canterbury City Council are exposed to risk of litigation or civil proceedings by any actions caused by the Registered User.
  3. A material breach of these terms and conditions is committed by the Registered User.
  4. The Registered User of the ticketless parking service is deemed bankrupt, enters into an arrangement with creditors, or a receiver or administrator is appointed over any part or all assets of the Registered User.
  5. Canterbury City Council are mandated to comply with an official or legal order.
  6. Canterbury City Council believe the Registered User will be unable to pay any amount due under the terms and conditions.

Exclusions, limitations and liability

  1. Canterbury City Council will not be liable (whether in contract, tort including negligence, or otherwise) to you for (i) loss or destruction of data, profits, savings or contracts, or (ii) any indirect or consequential loss or damage, profits, savings or contracts, or (iii) any indirect or consequential loss or damage, costs, expenses or other claims for compensation relating to the use or the inability to use or in any other way related to or in connection with the provision of the service.
  2. If Canterbury City Council are in breach of any of these terms and conditions or if any other liability is arising (including liability for negligence or breach of statutory duty), then subject to the provisions of section 9, our aggregate liability shall be limited, for any one event or series of connected events in a twelve month period to the amount that is ten (10) times the value of the parking charge.
  3. Canterbury City Council undertake to use reasonable care in maintaining and monitoring our systems and services but, where Canterbury City Council use such reasonable care, Canterbury City Council will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure caused by systems or services under Canterbury City Council’s control which result in our systems or services being unavailable for you to use. Where such systems or service failure is caused by systems or services not under Canterbury City Council’s control, Canterbury City Council will not be liable for any damages or losses whatsoever.
  4. Canterbury City Council will not be liable for the loss of any emails or SMS messages sent to mailboxes of any configuration or sent from email accounts related services provided by Canterbury City Council. Canterbury City Council will not be responsible for any SMS or email stored in mailboxes provided by Canterbury City Council.
  5. Canterbury City Council have no direct liability to you under this agreement (save for the refund policy).
  6. In no event will Canterbury City Council be liable to you for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this agreement (including loss of profits, loss of revenue, loss of goodwill, loss of reputation whatsoever incurred by either party), however it arises, whether for breach of this agreement, including breach of warranty, or tort (including negligence), even if you have been previously advised of the possibility of such damage.
  7. For the avoidance of doubt, in no event will Canterbury City Council be liable to you for any loss or damage which you may suffer as a result of using the service including, without limitation, losses resulting from parking fines rightfully applied by any authority under the Road Traffic Act 1984 (as amended), the Road Traffic Act 1991 (as amended), the Traffic Management Act 2004 (as amended), other relevant parking legislation or common law. In no event shall Canterbury City Council, its affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable whatsoever.
  8. Canterbury City Council accept liability for death or personal injury caused by its negligence, and any other liability which cannot be excluded by law, without limit and none of the limitations contained in this clause 8 apply to such liability.
  9. You agree to indemnify and hold Canterbury City Council, its subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party relating to your use of the service.
  10. Whilst Canterbury City Council make regular maintenance updates to our systems, firewalls and services, it is your responsibility to ensure that your system is adequately protected from viruses, worms or other disabling devices. Canterbury City Council will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems, whether under Canterbury City Council’s control or otherwise, caused by your failure to adequately protect your system.
  11. You and Canterbury City Council expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of the agreement as if they were a party to it.
  12. Your statutory rights relating to the use of reasonable care and skill in the provision of the service are not affected by the terms and conditions of the agreement. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen's Advice Bureau.

Complaints

  1. Should you have cause to make a complaint, please send details to the following address: Parking Facilities, Canterbury City Council, Council Offices, Military Road, Canterbury, Kent - CT1 1YW or email to parking.facilities@canterbury.gov.uk
  2. A complaint must be made upon the day of the occurrence and must be followed up in writing (letter or email) within five days to be valid and considered.
  3. You should expect to receive a reply within 10 working days upon receipt of your complaint. You will be informed of any delay if one should arise.

Privacy statement

Canterbury City Council is committed to ensuring that your privacy is protected. Any information requested is solely used for the execution of ticketless parking services, for you as the Registered User of the ticketless parking services, processing of payments and solely for our clients who require evidence of parking and associated payments.

Canterbury City Council are committed to ensuring that you information is secure. In order to prevent unauthorised access or disclosure Canterbury City Council have put in place suitable electronic and managerial procedures to safeguard and secure the information Canterbury City Council collect online.

Canterbury City Council will not sell, distribute or lease your personal information to third parties. You may request details of personal information which Canterbury City Council hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to: Parking Facilities, Canterbury City Council, Council Offices, Military Road, Canterbury, Kent - CT1 1YW or email to parking.facilities@canterbury.gov.uk.

If you believe that any information Canterbury City Council are holding on you is incorrect or incomplete, please write to or email Canterbury City Council as soon as possible, at the above address. Canterbury City Council will promptly correct any information found to be incorrect.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English Law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
Canterbury City Council do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom.

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If you’d like us to stop using non-essential cookies when you visit our site please let us know here parking.facilities@canterbury.gov.uk

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