PJM LORRY PARK LIMITED

PARKING TERMS AND CONDITIONS

These are the terms on which you agree to use PJM Lorry Park Limited's Lorry Park and Facilities. It is important that you read them and understand them, as they explain your obligations and what we may or may not accept liability for.

1. DEFINITIONS

When reading these Parking Terms the following words or phrases have the following meanings:-

1.1 "Charges" shall mean the parking and/or meal charges applicable as advertised at the entrance to the Lorry Park (or, if not advertised at the entrance, as advertised on our website at www.pjmlorrypark.co.uk) at the time that You enter the Lorry Park.

1.2 "Lorry Park" means the open air site at Rowley Road, Coventry CV3 4PY. It also includes where the context allows, the approaches to and exit roads from a Lorry Park.

1.3 "Facilities" means the café, shower and toilet facilities (and/or any other facilities provided and/or made available by Us to You) at the Lorry Park

1.4 "Parking Terms" means these parking terms and conditions.

1.5 "Pay Station" means the pay station(s) on the Lorry Park

1.6 "Gate House" means the area on the Lorry Park near the entrance designated by signs as being the gate house.

1.7 "Token" means a token to park at the Lorry Park (with or without the provision of a meal).

1.8 "Vehicle(s)" means any vehicle(s) which is or are parked in the Lorry Park (and includes, without limitation, any mechanical device on wheels or tracks, its equipment or accessories).

1.9 "We, Us, Our" means PJM Lorry Park Limited a Company Incorporated in England with Company Number 08273961 whose registered office is Hallmark House, Grimstock Hill, Lichfield Road, Coleshill, West Midlands B46 1LE

1.10 "Your, You" means any person who uses the Lorry Park and/or the Facilities.

The Headings are for information only and do not affect the interpretation of these Parking Terms and Conditions.

2. BINDING EFFECT OF THESE CONDITIONS

2.1 These Parking Terms and Conditions apply to the use by You of the Lorry Park and the Facilities provided by Us. By taking a Token and/or otherwise entering onto the Lorry Park (with or without a Vehicle), you will be deemed to have accepted these Parking Terms in full and shall be liable to pay the Charges.

2.2 Any variations of these Parking Terms and Conditions will be ineffective unless agreed in writing between You and Us.

2.3 You shall ensure that any person/passenger accompanying You in Your Vehicle shall abide and comply with these Parking Terms in full as if We had contracted directly with such persons.

2.4 These Parking Terms and Conditions are subject to English Law and the non-exclusive jurisdiction of the English Courts.

2.5 You hereby agree that PJM Valeting Limited (Company Number 05398023) ("Valeting"), being the owner of the Land upon which the Lorry Park is situated. may, with Our consent, enforce any of these Parking Terms against You as if You had entered into a contract with Valeting and/or Us.

3. OUR LIABILITIES FOR LOSS OR DAMAGE TO THE PROPERTY

3.1 We cannot guarantee the security of Our Lorry Park or the Facilities and members of the public may be able to obtain access to them at all times. We do not guarantee to You that security measures that We have in place will be working at all times or, even if they are working that they will be effective in preventing loss, damage, or theft or in identifying who might be to blame.

3.2 Please take care to ensure that Your valuables are safe. They should not be left unattended in Vehicles parked in the Lorry Park or left in the Facilities. We will have no liability to You if Your valuables are damaged or stolen.

3.3 You will be parking Your Vehicle on the Lorry Park at your own risk.

3.4 Subject to Condition 4 below:

3.4.1 We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract formed between You and Us in respect of parking services ("the Contract"); and

3.4.2 Our total liability to You in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Charges.

3.5 We shall not be liable for any event beyond our reasonable control.

4. OUR LIABILITIES FOR DEATH OR PERSONAL INJURY

4.1 Nothing in these Parking Terms shall limit or exclude our liability for:

4.1.1 death or personal injury caused by Our negligence, or the negligence of Our employees; or

4.1.2 fraud or fraudulent misrepresentation.

5. WHAT YOU SHOULD DO IN THE CASE OF DAMAGE TO OR THEFT OF OR FROM YOUR VEHICLE

5.1 If Your Vehicle is damaged whilst in the Lorry Park or is stolen or any of Your possessions stolen from the Vehicle whilst it is in the Lorry Park and/or from the Facilities You must:-

5.1.1 immediately inform a member of Our staff at the Gate House;

5.1.2 (in the case of theft) immediately inform the Police; and

5.1.3 notify Your insurer promptly.

5.2 If You believe You have a claim against Us for any reason You must notify Us promptly in writing at Our address stated below (see How to Contact Us) telling Us exactly what happened and what it is You are claiming. If You delay doing so, it may be impossible for Us to establish exactly what happened or who (if anyone) is to blame and therefore We reserve the right not to consider any claim unless it is made promptly.

6. ARRIVING AT THE LORRY PARK

6.1 You should obtain a Token from the ticket machine at the gate entry to the Lorry Park prior to entering our Site and parking your Vehicle.

6.2 Availability at Our Lorry Park is strictly on a first come first served basis and therefore we are unable to reserve a space for You and Your Vehicle. Being issued with a Token does not guarantee that a parking space is available for Your Vehicle. If you cannot park in a designated bay within the Lorry Park or if We (in our absolute opinion) decide that there is not sufficient space in the Lorry Park for You to park Your Vehicle, we shall be entitled (without liability to You) to refuse to allow you to enter the Lorry Park or, if You have already entered the Lorry Park, to request that You leave the Lorry Park with Your Vehicle (without Charge). You shall immediately comply with any such request.

6.3 You must park where Our employees or agents tell You and follow their reasonable instructions and must not cause any obstruction.

6.4 If there are no spaces in the Lorry Park and You park elsewhere You may be charged locally and We will not reimburse You.

6.5 You may, for any reason, be requested at any time to move Your Vehicle and/or park Your Vehicle in another place within the Lorry Park, You shall promptly comply with any such requests.

7. DAMAGE TO OTHER VEHICLES OR PROPERTY WITHIN THE LORRY PARK

7.1 Should You damage another Vehicle or any part of the Lorry Park and/or the Facilities You must report the matter immediately to a member of Our staff and give them the registration number(s) of Your (and/or if relevant, both) Vehicles together with Your full name and address and the name and address of Your insurance company together with Your policy number. In doing so, for the purposes of the Data Protection Act 1998 You are consenting to Our passing this information on to the owner or driver of any other Vehicle involved.

7.2 If You cause any damage as set out in clause 7.1 above You may be required to make good to Our reasonable satisfaction any damage caused.

8. SAFETY IN THE LORRY PARK

8.1 You must drive carefully at all times in the Lorry Park and abide by all site rules and regulations and/or speed limits that are in force from time to time.

8.2 You must be aware of Vehicles in motion.

8.3 You must comply with all directions and signs from time to time posted in the Lorry Park.

9. TOKENS AND DURATION OF STAY

9.1 The Token issued on Your arrival shall be valid only for the Vehicle in respect of which it is issued. Your Token does not entitle You to use any particular space in the Lorry Park or to priority over other customers. We shall in Our absolute discretion select which space any Vehicle shall be parked in.

9.2 All Tokens are Our property and must be surrendered to Us prior to Your departure from the Lorry Park.

9.3 A Token shall entitle You to, subject to availability, park your Vehicle on the Lorry Park for up to 24 hours. No refund or partial refund will be given in respect of parking charges paid where You leave the Lorry Park early.

9.4 Payment of any additional Charges that become due if You park longer than 24 hours must be paid before You leave the Lorry Park.

9.5 You shall not be entitled to transfer and/or otherwise sell your Tokens or your rights in respect of the Tokens or your contract with us for parking services, use of facilities and/or provision of meals.

10. OBLIGATIONS IN RESPECT OF FACILITIES

10.1 You must use reasonable care when using any of the Facilities and you must not damage, exploit and/or abuse the Facilities.

10.2 You must abide by any rules and/or regulations and/or notices relating to the use of the Facilities.

10.3 You shall leave the Facilities in a clean and tidy condition after use.

11. LIENS AND ABANDONED VEHICLES

11.1 A lien is a right for someone to hold another person's property until money has been paid.

11.2 Subject always to Your statutory rights every Vehicle in the Lorry Park is subject to a lien for all charges due or accruing due from You to Us and a general lien for all monies due from You to Us.

11.3 If You fail to pay any amounts due from You to Us we reserve the right to sell Your Vehicle, by auction in accordance with the laws applicable from time to time. We will deal with all monies received from the sale of Your Vehicle in accordance with the laws applicable from time to time

12. CHARGES FOR PARKING

12.1 Unless paid for in advance, all Charges (including any additional charges – see Condition 9.4) must be paid at the Pay Station prior to departure from the Lorry Park. You shall not be entitled to remove Your Vehicle from the Lorry Park until all Charges have been paid for in full and cleared funds (without deduction).

12.2 If, for any reason, you fail to pay the Charges prior to departing the Lorry Park, We shall be entitled to charge interest on such Charges from the date of departure until the same are paid in full at the rate of 4% above the base rate of Barclays Bank Plc from time to time.

12.3 Our Charges include VAT

13. PROHIBITED ACTIVITIES

13.1 No Vehicle shall be towed into the Lorry Park or enter otherwise than under its own mechanical power and no work or repairs or maintenance to or washing of or cleaning of Vehicles by You or anyone other than Us shall be done in the Lorry Park. All Vehicles entering into the Lorry Park must be roadworthy.

13.2 No activity in connection with the selling, hiring or other disposal of the Vehicle or any other commercial activity shall be carried out by You in the Lorry Park or the Facilities.

13.3 No person shall do any act or thing which may render valid or void any policy of insurance effected in respect of the Lorry Park.

13.4 No person shall deposit any rubbish, litter or refuse of any kind in the Lorry Park or Facilities other than in proper receptacles provided for the purpose.

13.5 No person shall pour or transfer petrol or other fuels into or out of this fuel tank of any Vehicle in the Lorry Park.

13.6 No animals shall be allowed in the Lorry Park.

13.7 No cooking and/or fires shall be carried out/made in the Lorry park.

13.8 You shall not bring any alcohol and/or illegal and/or flammable (save for the petrol/diesel in the fuel tanks of the Vehicles) onto the Lorry Park

13.9 You shall not carry out any criminal activity on the Lorry Park and/or abuse (whether verbally or mentally) any of Our employees or agents.

14. VEHICLES

14.1 We reserve the right to refuse entry to the Lorry Park to any person/vehicle in our absolute discretion

15. MEALS

15.1 If you take a Token which includes the provision a meal ("a Meal Token"), you shall be entitled, upon presentation of your Meal Token, to receive one meal per Meal Token from the Lorry Park Café.

15.2 The Café will accept Meal Tokens for meals at the times as advertised, from time to time, at the entrance to the Café.

15.3 The choice of meals is subject to availability. If for any reason, a meal cannot be provided to You, You will be treated and charged as if Your Token was for parking only (and you shall have no further remedies against Us).

15.4 You shall not be entitled to any refund (or to refuse to pay) for a meal if you do not like the meal provided and/or the meal size.

16. REFUNDS

16.1 Once You have accepted these Parking Terms no refund will be made for cancellation of parking bookings. No refund is available for any unused part of your stay.

16.2 Subject to clause 15.3, if you do not collect any meal that you are entitled to, you shall still be charged on the basis of having a Meal Token.

17. TERMINATION & COSTS

17.1 If you fail to comply with any of the Parking Terms, We shall (without prejudice to any other remedies that we may have available) be entitled to immediately request that You leave the Lorry Park with Your Vehicle. You shall not be entitled to any refund and, if You have not already paid the same, You shall remain liable to pay our Charges.

17.2 If You fail to promptly comply with a request to leave the Lorry Park, We shall be entitled to charge You and You shall indemnify Us against any costs, expenses and other losses that we incur in respect of evicting You and Your Vehicle from the Lorry Park.

17.3 You shall indemnify Us against any costs, expenses, damages and other losses that we may incur in respect of any breach by You of the Parking Terms.

18. GENERAL

18.1 A waiver of any of our rights under these Parking Terms is only effective if in writing.

18.2 If a Court or any other competent authority finds that any of these Parking Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity of the other remaining provisions shall be unaffected. If the invalid, illegal or unenforceable provision would be valid if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

18.3 No person who is not a party to the Contract shall have any rights under or in connection with it.

18.4 We may from time to time make promotional offers in respect of the Lorry Park. Any such offers may be subject to separate terms & conditions.

19. HOW TO CONTACT US

E-mail us at: This email address is being protected from spambots. You need JavaScript enabled to view it.

Telephone Us on: 02476 992 866

Write to Us at: PJM Lorry Park, Rowley Road, Coventry CV3 4PY

Loyalty Card & Competition Promotions

Terms & Conditions:

Stamps will be issued at the Lorry Park. Gift valid on presentation on the Lorry Park of this card with 10 stamps. The card can be used once only and must be handed in on redemption. Card or Competition gifts cannot be exchanged for cash and/or other products/services and cannot be transferred. Loyalty Gifts and Competitions are subject to availability and will vary at the discretion of PJM Lorry Park. PJM Lorry Park reserves the right to withdraw this offer at any time and to reject the card for any reason.