Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CAR PARK AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS AND RESPONSIBILITIES AND OUR RESPONSIBILITIES TO YOU

B4 CAR PARK TERMS AND CONDITIONS

These Terms and Conditions set out the terms of your access to and use of the B4 Car Park. Please take the time to read these Terms and Conditions before you park at the B4 Car Park. If you choose to park in the B4 Car Park you will be required to comply with these Terms and Conditions and (unless you are a B4 Member) a contract will be formed between you and us each time you park at the B4 Car Park. If you do not accept these Terms and Conditions please do not park at B4 Car Park and promptly exit B4 Car Park within 5 minutes of your entry.

Definitions

“ANPR Equipment” means an automatic number plate recognition system used to record the time of entry and exit of Vehicles to and from the Car Park and a Vehicle’s registration number.
“B4 Member” means a person, corporate entity or other body that has a valid membership contract with the Company in respect of the Car Park.
“Car Park” means the B4 car park accessed from Weaman Street, Birmingham managed by B4 Parking Ltd.
“Company” means B4 Parking Ltd (Company Number 7505254), the operator of the Car Park. In this document “we”, “us” and “our” is a reference to the Company. The Company also includes our staff and agents acting on our behalf.
“Member Parking Tariff” means the fees payable by B4 Members for parking at the Car Park as set out in the B4 Member’s membership contract with the Company.
“Parking Charge” means a charge resulting from the breach of these Terms and Conditions.
“Parking Charge Notice” means a document setting out the Parking Charge due.
“Parking Tariff” means either: (a) the Standard Parking Tariff; or (b) the Member Parking Tariff, as applicable.
“Standard Parking Tariff” means the fee(s) payable by non-members for parking at the Car Park as displayed on the signs at the Car Park and published on the Website.
“Vehicle” means any motor vehicle, including motorcycles and including any equipment, attachments or accessories to that vehicle, which is brought into the Car Park.
“Website” means our website www.b4parking.com.
“you” or “your” is a reference to any person or corporate entity which brings a Vehicle into the Car Park, including a customer of the Car Park.

The Car Park

The Car Park is on private land and is operated by the Company. We are a member of the British Parking Association.

The Car Park is open to B4 Members and the public 24 hours a day, seven days a week.

We do not guarantee that a car park space will be available on entry to the Car Park. If you are unable to find a suitable car park space, you have 5 minutes from the time of entry to exit the Car Park without charge.

You are not permitted to use the Car Park to drop-off or pick-up passengers unless you pay the Parking Tariff.

We reserve the right to refuse admission to the Car Park at our discretion.

Tariff and Payment

The ANPR Equipment is used to establish when your Vehicle arrives at and departs from the Car Park to calculate the duration of your stay and the applicable Parking Tariff. If you fail to pay the applicable Parking Tariff you may not be permitted to exit the Car Park.

Non-Members:

If you are not a B4 Member:
  • 3.1.1 you will be required to pay the Standard Parking Tariff for the full duration of your stay at the Car Park (including for any period whilst your Vehicle is broken down);
  • 3.1.2
    you must pay the Standard Parking Tariff at the pay machines on the ground floor before you try and exit the Car Park;
  • 3.1.3
    you have 10 minutes from the time you pay the Standard Parking Tariff to allow you to return to your Vehicle and exit the Car Park;
  • 3.1.4
    if you try and exit the Car Park without the full payment of the Standard Parking Tariff, we may, in our discretion, allow you to exit the Car Park and give you a further 24 hours to pay the Standard Parking Tariff for the duration of your stay in full via our Website before we issue a Parking Charge Notice. This will not prevent us from issuing a Parking Charge Notice for any under-payment or non-payment of the Standard Parking Tariff.

B4 Members: If you are a B4 Member, you will be required to pay the Member Parking Tariff in accordance with your membership contract with the Company. If, for any reason, your membership is no longer valid or you do not have a valid ticket under your membership for your stay at the Car Park, you will be treated for the purpose of these Terms and Conditions as a non-member and will be required to comply with paragraph 3.1 above.

Your Obligations and Responsibilities

General Obligations

You must:

  • 4.1.1 drive carefully and not exceed the speed limits indicated;
  • 4.1.2 be aware and courteous to other users of the Car Park, particularly pedestrians;
  • 4.1.3 obey the signage in the Car Park;
  • 4.1.4 park properly in a space and within marked bays;
  • 4.1.5 only park in a disabled bay if you are a Disabled Badge Holder. A valid disabled badge must be clearly displayed at all times;
  • 4.1.6 only park in designated parent and child bays if you are transporting children in your Vehicle at the time of parking;
  • 4.1.7 only park a motorcycle in a designated motorcycle parking space;
  • 4.1.8 not park in non-designated parking areas (including no parking on yellow lines or in any area with hatched markings);
  • 4.1.9 when on foot, use the lifts and stairs provided and not use the vehicular ramps between floors. The ramps are for Vehicles only;
  • 4.1.10 use the identified walkways (green for pedestrians) and the pedestrian crossings wherever possible as these provide clearly defined routes to the central lift core and stairs; and
  • 4.1.11 comply with any lawful instructions or requests made by members of staff of the Company.
General Obligations

You are responsible for securing your Vehicle. When you park your Vehicle, please make sure that you:

  • 4.2.1 lock your Vehicle and make sure all windows and doors are closed; and
  • 4.2.2 remove valuables and possessions from your Vehicle whenever possible. If this is not possible, please move items out of sight. For example, lock them in the boot.
What to do if your car or possessions are stolen or damaged or you are hurt

Immediately inform a member of staff. Customer Service Reception is on the ground floor. If there is no-one in attendance ring 0121 796 1881 for assistance or send an email to info@b4parking.com. In the case of serious injury/accident ring 999 for the emergency services.

In the case of theft, report it to the police and obtain a crime reference number.

Notify your insurers.

What to do if you damage another Vehicle or part of the Car Park

Report the incident to a member of staff. Customer Service Reception is on the ground floor. If there is no-one in attendance ring 0121 796 1881 for assistance or send an email to info@b4parking.com.

You must notify the owner(s) of the other vehicle(s). Leave a note on the windscreen leaving details of the incident and your contact details.

If you damage the Car Park, any equipment in the Car Park or another Vehicle in the Car Park, you will be responsible to pay all costs and expenses resulting from such damage, including (but not limited to) all repair and administration expenses incurred by us. You will need to speak to your insurers to see if such costs and expenses are covered by your insurance policy.

We may ask you to remain in the Car Park whilst we investigate any incident (for example, alleged damage caused to the Car Park or another customer’s vehicle). You will not be charged for any additional time that we ask you to wait in the Car Park.

What to do if you see an incident in the Car Park

Should you become aware of any damage caused by someone else, broken equipment (e.g. lights not working, lift out of service), spillage on the floor, inappropriate behaviour etc. then report the incident to a member of staff or at Car Park Reception on the ground floor.

Prohibited Activities

You must not:

  • 5.1.1 where a particular space has a “restricted height”, park a Vehicle in the space that would exceed the height limit;
  • 5.1.2 refuel a Vehicle in the Car Park under any circumstances unless prior agreement has been obtained from us by contacting a member of staff at Car Park Reception. Consent is entirely discretionary and if given it is a requirement that a member of staff is present and the refuelling is carried out by an appropriate breakdown service;
  • 5.1.3 repair a Vehicle in the Car Park other than by the attendance of a pre-agreed breakdown service (which can be arranged by contacting a member of staff at Car Park Reception). The breakdown vehicle will not be required to pay the Parking Tariff when attending a pre-arranged visit;
  • 5.1.4 allow any person to valet your Vehicle in the Car Park other than any valet operator authorised by us; or
  • 5.1.5 hire vehicles or provide goods or services from the Car Park or your Vehicle.

Our Responsibilities to You

We will operate the Car Park with reasonable skill and care. However, we cannot guarantee your security or the security of your Vehicle or your possessions.

If you are a consumer and we fail to comply with these Terms and Conditions, we will be responsible to you for:

  • 6.2.1 any loss or damage that you suffer that is a foreseeable result of our breach of these Terms and Conditions. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time the contract between us was formed;
  • 6.2.2 any loss or damage that you suffer as a result of our negligence (or the negligence of our employees or agents); and
  • 6.2.3 death or personal injury caused by our acts or omissions (or the acts or omissions of our employees or agents).
However, we will not be responsible to you for any business losses or any other losses that were not reasonably foreseeable at the time of entering into a contract with you.

If you are not a consumer, we will not be liable to you in respect of:

  • 6.3.1 any direct or indirect economic or business losses, including loss of profit, loss of anticipated savings, loss of revenue, loss of business or any indirect, special or consequential losses howsoever arising; or
  • 6.3.2 any loss and/or damage to your Vehicle or death or personal injury to you unless it is proved to be caused by our negligence (or the negligence of our employees or agents).
Nothing in this paragraph will exclude or limit our liability to you for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, our liability.

If you believe you have a claim against us please contact us using the details set out at the end of these Terms and Conditions.

Parking Contraventions

A parking contravention occurs when you fail to comply with these Terms and Conditions.

If you do not comply with these Terms and Conditions then there is a breach of contract and at this point we have the ability to charge you a Parking Charge. We will give you (or attach to your Vehicle) a Parking Charge Notice setting out the Parking Charge. The Parking Charge reflects the cost to us resulting from your breach and is payable in addition to the Parking Tariff payable by you in accordance with paragraph 3 above.

If you do not pay the Parking Charge within 28 days of receiving the Parking Charge Notice, we may request from the DVLA your details (or the details of the Vehicle’s owner) in order to take steps to ensure payment by you of the Parking Charge Notice. If you are a B4 Member, we may use your personal details that you submitted when registering with us to take steps to ensure payment of the Parking Charge Notice.

If you consider that a Parking Charge Notice has been issued incorrectly, the steps to take to appeal against the Parking Charge are described paragraph 8.

Appealing a Parking Charge

If you receive a Parking Charge Notice you have the right to appeal. Full details are clearly set out in the Parking Charge Notice.

Relocation of your Vehicle

We reserve the right to move your Vehicle in the Car Park using any available method if:

  • 9.1.1 we believe it is reasonably necessary for the safe operation of the Car Park or for the safety of people or property;
  • 9.1.2 your Vehicle is parked in breach of these Terms and Conditions or is causing an obstruction.
This right extends to moving your Vehicle to the public highway if we consider it appropriate.

Abandoned Vehicles and Unpaid Charges

We reserve the right to sell any Vehicle if we consider it has been abandoned at the Car Park and to recover any unpaid Parking Tariff and/or Parking Charges and any other costs which we incur as a result of the abandonment of such Vehicle. We will consider it to have been abandoned if it remains in the Car Park (without being moved) for a continuous period of 21 days or more. If you intend to leave a Vehicle in the Car Park for 21 days or more, you should notify us in writing before parking, using the contact details in paragraph 14.

Where we believe that a Vehicle has been abandoned, we will be entitled to bring your Parking Event to an end on written notice to the Vehicle’s registered owner at the registered owner’s last known address. We will also notify the Vehicle’s registered owner of the unpaid Parking Tariff and/or any Parking Charges that are outstanding, and give them a further 30 days from the date of our letter to pay those amounts and remove their Vehicle from the Car Park. If they fail to remove the Vehicle and pay any outstanding amounts due within such period, then we may sell the Vehicle.

We will be entitled to deduct from the proceeds of the sale of the abandoned Vehicle all amounts due to us by you, including the relevant Parking Tariff for the period while the Vehicle was parked in the Car Park, any Parking Charges and our reasonable expenses of selling the Vehicle.

Any amount remaining from the proceeds of sale after the payment of the amounts due to us by you shall be held by us on behalf of the registered owner of the Vehicle and will be paid to the registered owner once they confirm their identity to us.

CCTV and ANPR Equipment

We use CCTV cameras in the Car Park for the purposes of crime prevention and the safety of Car Park customers. We use the ANPR Equipment to establish when your Vehicle enters and exits the Car Park.

The ANPR Equipment is set to record only images of your Vehicle’s registration number. However, it is possible that the ANPR Equipment may also record images of you or any passengers in your Vehicle.

By using the Car Park you consent to us using CCTV cameras and the ANPR Equipment as described in this paragraph 11, and you confirm that any passengers in your Vehicle also consent. Further information about your rights can be obtained by contacting us using the details in paragraph 14. If you do not agree to our use of CCTV or the ANPR Equipment please do not park in the Car Park.

How we deal with refunds

We will make a refund to you in the following circumstances:

  • If we have incorrectly calculated an amount charged to you.
  • If you cancel your season or flexi ticket in accordance with our Terms and Conditions.

We will normally refund money by BACS transfer unless you request otherwise. You will need to provide the following information:

  • The name of your Bank/Building Society.
  • The name of your Account.
  • The Sort Code.
  • Your Account Number.

We can also a refund back to the card you paid with. In order to do this you will need to provide the following information:

  • The amount paid.
  • Your full card number.
  • The date the payment was taken.
Please note it will normally take 3 to 5 working days to show on your account.

A refund cheque this can be arranged. It does take a little longer to process, the cheque has to be sent in the post and then has to be banked. This typically can take 10 to 15 days. We are happy to provide a cheque if you prefer.

Promotions and Offers

Twitter competition Free Parking at B4 (March 2017)
Terms and Conditions
  1. The competition will run for 10 days from 13 March 2017. The final date for entries will be 23 March 2017.
  2. Entrants to the “Free Parking at B4” Twitter and Facebook competition must retweet and follow @b4parking on Twitter and/or like and share on Facebook during the period stated above.
  3. One entry per person per platform only.
  4. All valid entries received by midnight on 23 March 2017 will go into a draw to be drawn on 27 March 2017. The first name drawn from each of Twitter and Facebook entries will receive the right to park for four consecutive weeks in B4 Car Park, free of charge.
  5. Winners will be notified via Twitter and Facebook.
  6. Any additional costs arising from the winning entrant accepting the “Free Parking at B4” prize will be the responsibility of the entrant.
  7. Winning entries are non-transferable and there is no cash alternative.
  8. To claim their prize the winner must send an email to info@b4parking.com advising of their name, address, a contact email address and the registration number of the vehicle they wish to use for the duration of the four weeks free parking. Only one vehicle can be used for the duration of the free parking prize.
  9. The winner will have 3 days to respond to the notification that they have won. Should no response be received another winner may be selected.
  10. The winner’s four weeks free parking must begin within 3 months of them responding to the notification that they have won.
  11. The same person cannot win both the Twitter draw and the Facebook draw. If the person drawn from either one has already won the other, then a further name will be drawn.
  12. B4 Parking Ltd reserves the right to withdraw, amend or temporarily suspend this offer/promotion.
  13. B4 Parking Ltd’s decision is final.
  14. By entering this draw entrants are confirming they have read and understood these terms and conditions and the Terms and Conditions of the car park.
  15. The competition is not open to employees of B4 Parking Ltd.
March & April Spring Promotion - runs from 01/03/17 to 30/04/17.
Park from 50p per hour on Saturdays and Sundays during March and April 2017.
During the promotion the weekend tariff is as follows:


Non-members
up to 1 hour – 50p
up to 2 hours - £1.00
up to 3 hours - £1.50
3 – 24 hours - £2.00

Members
Free

The offer applies on Saturdays and Sundays only throughout the promotion period. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday. The standard or members tariff will apply if a customer’s vehicle is parked outside of these times.
New Year Promotion - runs from 02/01/17 to 28/02/17.
Non-members can park for just £2.00 per day on all Saturdays and Sundays until the end of February 2017.
Members can park for free on all Saturdays and Sundays until the end of February 2017.
The offer applies on Saturdays and Sundays. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday.
Christmas Shoppers Promotion - offer ends 01/01/17.
Non-members can park for just £1.00 per day on all Saturdays and Sundays
Members can park for free on all Saturdays and Sundays
The offer applies on Saturdays and Sundays. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday.
March & April Spring Promotion - runs from 01/03/17 to 30/04/17.
Park from 50p per hour on Saturdays and Sundays during March and April 2017.
During the promotion the weekend tariff is as follows:


Non-members
up to 1 hour – 50p
up to 2 hours - £1.00
up to 3 hours - £1.50
3 – 24 hours - £2.00

Members
Free

The offer applies on Saturdays and Sundays only throughout the promotion period. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday. The standard or members tariff will apply if a customer’s vehicle is parked outside of these times.
New Year Promotion - runs from 02/01/17 to 28/02/17.
Non-members can park for just £2.00 per day on all Saturdays and Sundays until the end of February 2017.
Members can park for free on all Saturdays and Sundays until the end of February 2017.
The offer applies on Saturdays and Sundays. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday.
Christmas Shoppers Promotion - offer ends 01/01/17.
Non-members can park for just £1.00 per day on all Saturdays and Sundays
Members can park for free on all Saturdays and Sundays
The offer applies on Saturdays and Sundays. Valid from midnight 00:00hrs on a Friday night until 23:59hrs the following Sunday.

Variation of Terms and Conditions

We may from time to time change these Terms and Conditions, for example, to comply with law or to address issues that are impacting on the operation of the Car Park and/or our customers. Please make sure that you regularly read these Terms and Conditions prior to parking at the Car Park in case there have been any changes.

General Enquiries and Complaints

Please speak to the Car Park Reception for any onsite queries or complaints.
Alternatively, you may contact us:
In writing to: B4 Parking Ltd, 4 John Feeney Arcade, Post & Mail, Weaman Street, Birmingham B4 6FE.
By email to: info@b4parking.com
By telephone: 0121 796 1881
A copy of these Terms and Conditions is available on request or on our Website.

Applicable Law

If you are a consumer these Terms and Conditions are governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction to determine any dispute arising out of or in connection with them. If you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.

If you are a business user these Terms and Conditions (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).