B4 CAR PARK TERMS AND CONDITIONS

IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS AND RESPONSIBILITIES AND OUR RESPONSIBILITIES TO YOU

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 use the B4 Car Park. If you choose to use the B4 Car Park you will be required to comply with these Terms and Conditions and a contract will be formed between you and the Company each time you use the B4 Car Park. If you do not accept these Terms and Conditions please do not use the 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.
“Car Park” means the B4 car park accessed from Weaman Street, Birmingham operated and 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.
“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 Event” or "stay" means a single occasion of a vehicle arriving, entering and leaving the Car Park.
“Parking Tariff” means the fee(s) payable calculated by applying the duration of the Parking Event to the Standard Parking Tariff.
“Standard Parking Tariff” means the fee(s) payable for using the Car Park for a single Parking Event as displayed on the signs at the Car Park and published on the Website. The duration of the Parking Event for the purpose of charging is the time of entry into the Car Park up to and including the time of payment at the kiosk.
“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.

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 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.

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

You will be required to pay the Parking Tariff for the full duration of your stay at the Car Park (including but not limited to any period whilst your Vehicle is broken down);

You must pay the Parking Tariff at the pay kiosks on the ground floor before you exit the Car Park;

You have 15 minutes from the time you pay the Parking Tariff to allow you to return to your Vehicle and exit the Car Park;

If you try and exit the Car Park without the full payment of the Parking Tariff, we may, in our discretion, allow you to exit the Car Park and give you a further 24 hours to pay the 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 Parking Tariff.

Your Obligations and Responsibilities

General Obligations

You must:

  • 4.1.1 drive carefully and not exceed the 5MPH speed limit 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 only park properly in a space and within marked bays provided;
  • 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. Parking in a disabled bay when you shouldn’t may result in your exclusion from the car park in the future;
  • 4.1.6 only park a motorcycle in a designated motorcycle parking space;
  • 4.1.7 not park in the valet drop-off spaces unless using the valet service;
  • 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.
Securing your Vehicle

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.

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.

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.

If we find your Vehicle to be leaking oil and causing damage to the Car Park you will be requested to have the leak repaired prior to your next visit to the Car Park. If on future visits the same Vehicle is found to still be leaking oil, the Vehicle may be excluded from the Car Park on future visits until the leak has been repaired.

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 or by sending an email to info@b4parking.com.

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 Customer Service 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 Customer Service 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 death or personal injury caused by our acts or omissions (or the acts or omissions of our employees or agents).

The Car Park is open to the general public. We are unable to guarantee that members of the general public will not enter the Car Park and cause damage to property and/or engage in criminal activity. Therefore, you park your Vehicle in the Car Park at your own risk.

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 (by sending or attaching 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 we are unable to attach a Parking Charge Notice to your Vehicle when it is in the Car Park, we may request from the DVLA your details (or the details of the Vehicle’s owner) in order for us to issue the Parking Charge Notice.

The Parking Charge and Parking Charge Notice process will be carried out by us or an agent acting on our behalf.

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 consider that a Parking Charge Notice has been issued incorrectly, full details of the steps to take to appeal against it 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:

  • 8.1.1 we believe it is reasonably necessary for the safe operation of the Car Park or for the safety of people or property;
  • 8.1.2 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, 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 remained 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 10, 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 you cannot use the Car Park.

It may be necessary (particularly during the Winter months) for B4 staff to clean the vehicle registration plates of customers’ Vehicles whilst they are parked, to enable them to be read correctly by the ANPR equipment. By using the Car Park you authorise us to clean your Vehicle registration plate.

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.

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 Account.
  • The Sort Code.
  • Your Account Number.

A refund cheque 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.

We are unable to process refunds back to payment cards.

Promotions and Offers

From time to time promotions and offers will be available to customers. Details of current promotions and offers are displayed around the Car Park; can be found on the website www.b4parking.com, or by speaking to a member of staff in Customer Service Reception on the ground floor.

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

In the first instance please speak to a member of staff in Customer Service Reception on the ground floor.
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

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).

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