Terms and Conditions

IMPORTANT NOTICE

To people entering Pay and Display carparks with a vehicle

BY ENTERING THIS CAR PARK YOU AGREE TO THE CONDITIONS SET OUT BELOW.
IF YOU DO NOT ACCEPT THESE CONDITIONS, IMMEDIATELY LEAVE THE CARPARK

These conditions apply from the moment that you drive your vehicle into this car park and apply 24 hours a day, 7 days a week. You hereby also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.

PAYMENT AND BREACH OF THESE CONDITIONS

You must purchase a ticket from the pay and display machine and display the ticket on your dashboard with the date and expiry time clearly visible.

You agree to the following rules:
1. You must comply with all rules or directions displayed in the car park from time to time and with all relevant laws.
2. You must not obstruct other persons or vehicles using the car park.
3. You must not park in any area marked "reserved" or "no parking" or outside of the line-marked parking bays.
4. You must not park in a bay without a valid ticket/window pass.
5. the vehicle you are parking in this car park must have a current warrant of fitness and registration, be roadworthy and be able at all times to be driven under its own power and not present any danger or risk to other vehicles or persons or the car park.

IN THE EVENT THAT:
1. Your vehicle does not display a current valid window pass or prepaid ticket so that the date and expiry time are clearly visible, you agree you are parked unlawfully and we may issue a breach notice ("the notice") requiring you to pay within 21 days, $60.00 administration costs of enforcing the conditions of this carpark and the cost of issuing this notice.
2. If you are issued a notice and you do not pay the sums specified therein within 21 days of date of issue of the notice, then we will send an additional reminder notice and you agree to pay the further sum of $20.00 to cover our administrative cost
3. If you are issued a reminder notice and you do not pay the sums specified therein within 7 days of the date of the reminder notice, you agree to:
  1. The debt passing to our debt collection agency to enforce payment of the money owing by you and the cost of the said debt collection;
  2. Any solicitor/client costs incurred by us in enforcing payment of the money owing by you.

If you contravene clauses 1 to 4(a) of the above conditions, you agree that we may apply a wheel clamp to your vehicle and/or remove your vehicle by having it towed at your risk and expense and we may hold the vehicle until all outstanding debt has been paid and in addition to or as an alternative to issuing a notice as set out in clause 4 above. If we apply a wheel clamp to your car, you agree that the wheel clamp will be removed only upon payment of a minimum of $80.00 release fee and payment of any outstanding debt.

In the event that your credit-card transaction declines or dishonours, we reserve the right to re-process the transaction at a later date and we reserve the right to charge an additional fee.

RESPONSIBILITY FOR DAMAGE

You are liable for any damage to the car park caused by your vehicle.

While we shall take all reasonable care, we cannot guarantee the security of your vehicle.
We accept no liability for any claim by you or any other person, whether for loss or damage to you or any other person or to your vehicle or any other vehicle, whether resulting from using the car park or being unable to use the car park or from our negligence or otherwise.

We accept no liability for any loss or damage to any article left in our custody or control.
Our employees are not authorised to accept any of your possessions for safe custody except the keys to your vehicle where possession is taken at our request.

You agree to indemnify us in respect of any claim made against us arising from your use of the car park or the use of the carpark by anyone else with your authority.

MISCELLANEOUS

You must provide us with your full name and address if asked by us.

If we fail to act or purse any right or remedy available to us this will not in any way prejudice our right to exercise that or any other right or remedy.

No one is authorised to amend these conditions on our behalf.

INTERPRETATION

To avoid any confusion as to the meaning of these conditions:
1. "claim" includes any claim for damage, loss or compensation; and any demand, remedy, liability or action.
2. "damage" includes direct, indirect, consequential and special damage.
3. "outstanding debt" includes previous unpaid parking fees and/or unpaid enforcement notices.
4. "vehicle" includes its accessories and contents.
5. "we" and "us" means Wilson Parking New Zealand ltd and includes any of its employees, agents and independent contractors.
6. "you" includes both the driver and the owner of a vehicle entering this car park.
7. "your vehicle" means the vehicle which you are driving, regardless of whether it is owned by you.
8. "notice" means Parking Enforcement Breach Notice.
ALL OTHER ENQUIRIES TELEPHONE 0800PARKING

To People Entering Access Controlled Carparks With a Vehicle

BY ENTERING A WILSON PARKING NEW ZEALAND LTD CARPARK YOU AGREE TO THE CONDITIONS SET OUT BELOW

IF YOU DO NOT ACCEPT THESE CONDITIONS, IMMEDIATELY LEAVE THE CARPARK.

These conditions apply from the moment that you drive your vehicle into this car park and apply 24 hours a day, 7 days a week. You hereby also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.

PAYMENT AND BREACH OF THESE CONDITIONS

You agree to the following rules:
1. You must comply with all rules or directions displayed in the car park from time to time and with all relevant laws.
2. You must not obstruct other persons or vehicles using the car park.
3. You must not park in any area marked "RESERVED" or "NO PARKING" or outside of the line-marked parking bays
4. You must not park in a mobility bay without a current mobility window pass.
5. You must not park in a bay over the stipulated parking time.
6. The vehicle you are parking in this car park must have a current warrant of fitness and registration, be roadworthy and be able at all times to be driven under its own power and present any danger or risk to other vehicles or persons or the car park.
7. You must pay on entry or pay upon leaving the carpark in your vehicle.

3. IN THE EVENT THAT:

You are parked in a parking bay longer than the time stipulated and/or otherwise in breach of the above conditions, you agree you are parking unlawfully and without authority and we may issue a notice requiring you to pay within 21 days a $30.00 administration fee of enforcing the conditions of this carpark and issuing this notice.

If you are issued a notice and you do not pay the sums specified therein within 21 days of date of issue of the notice, then we will send an additional reminder notice and you agree to pay the further sum of $20.00 to cover our administrative cost.

If you are issued a reminder notice and do not pay the sums specified therein within 7 days of the date of the reminder notice, you agree to:
1. The debt passing to our debt collection agency to enforce payment of the money owing by you, and the cost of the said debt collection;
2. Any solicitor/client costs incurred by us in enforcing payment of the money owing by you.

If you contravene clauses 1 to 3 (c) of the above conditions, you agree that we may apply a wheel clamp to your vehicle and/or remove you vehicle by having it towed at your own risk and expense and we may hold the vehicle until all outstanding debt has been paid and in addition to or as an alternative to issuing a notice as set out in clause 3 above. If we apply a wheel clamp to your car or have it towed, you agree that the vehicle will only be released upon payment of the release fee and payment of any outstanding debt.

RESPONSIBILITY FOR DAMAGE

You are liable for any damage to the car park caused by your vehicle.

While we shall take all responsible care, we cannot guarantee the security of your vehicle. We accept no liability for any claim by you or any other person, whether for loss or damage to you or any other person, or to your vehicles or any other vehicle, whether resulting from using the car park or being able to use the car park or from your negligence or otherwise.

We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorised to accept any of your possessions for safe custody except the keys to your vehicle where possession is taken at our request. You agree to indemnify us in respect of any claim made3 against us arising from you sue of the car park or use of the car park by any one else with your authority.

MISCELLANEOUS

You must provide us with your full name and address if asked by us.

If we fail to act or pursue any right or remedy available to us this will not in any way prejudice our right to exercise that or any other right or remedy.

No one is authorised to amend these conditions in our behalf.

INTERPRETATION

To avoid any confusion as to the meaning of these conditions:
1. "claim" includes any claim for damage, loss or compensation; and any damage, demand. Remedy. Liability or action.
2. "damage" includes direct, indirect, consequential and special damage.
3. "outstanding debt" includes previous unpaid parking fees and/or unpaid enforcement notices.
4. "vehicle" includes its accessories and contents.
5. "we" and "us" means Wilson Parking New Zealand Ltd. And includes any of its employees, agents and independent contractors.
6. "you" includes both the driver and the owner of a vehicle entering this car park.
7. "your vehicle" means the vehicle which you are driving, regardless of whether it is owned by you.
8. "notice" means Parking Enforcement Breach Notice

Monthly Parker Terms and Conditions

Definitions and Interpretation
In these Conditions:
1.1 Access Device means any form of card or identification issued by the Company from time to time including a pass check, access card, parking card, window pass, windscreen token or monthly pass;
1.2 Amount Payable includes the Monthly Parking Fee and any other money payable in accordance with this Agreement including, but not limited to the Access Device(s) fee mentioned in the Schedule;
1.3 Company includes its successors and assigns and, where applicable, its employees, agents and contractors; and
1.4 Parker includes each person who parks a vehicle in the Car Park under this Agreement and, to the extent applicable, each passenger of that vehicle.

Parking Fees & Charges
2.1 The Parking Fee and any other relevant Amount Payable is payable to the Company monthly in advance, at the Company's address stated above or as otherwise advised from time to time.
2.2 The Company may vary the Parking Fee at any time by giving the Parker one (1) month's written notice of the variation.
2.3 If any new fee becomes payable the Company may give the Parker one (1) month's notice of that fee and at the expiry of that notice period, the Parker must pay the amount of that fee.
2.4 If the Parker requests the Company to perform any service not mentioned in this Agreement including the provision of copies of previous monthly statements issued by the Company or doing anything else involving the expenditure of time or money by the Company, through no fault of the Company, the Company may charge the Parker a reasonable fee for the provision of that service.

Bay Allocation, Use and Access
3.1 A Parker:
- has, subject to Clause 3.2, the exclusive use of the number of reserved bays indicated in the Schedule, being the bays so allocated to the Parker at the commencement of this Agreement; and
- may use the number of unreserved bays indicated in the Schedule from those available for unreserved parking from time to time but will not have exclusive use of any particular bay.
3.2 The Company may temporarily allocate a substitute bay if a reserved bay is unavailable from time to time for any reason (including as a result of unauthorised use by another parker).
3.3 We have the right to substitute the bay(s) designated to you in the Schedule with another bay(s) by giving you two weeks notice in writing.

Additional Parking
4.1 This Agreement, including these Conditions, will apply to any additional parking spaces in the Car Park provided by the Company to the Parker.

Termination
5.1 This Agreement may be terminated by either party giving one (1) month's written notice to the other at any time providing that this Agreement continues for a minimum of two months. We will provide confirmation of the agreed cancellation date within seven days of receipt of the written termination request. If you have not received this confirmation within ten days of sending in your termination notice please contact the Wilson Parking New Zealand Limited Office on 0800 472 75464.
5.2 If any Amount Payable remains unpaid after the due date the Company may terminate this Agreement upon written notice being provided and the normal terms and conditions for parking displayed at the car park will apply including an obligation to make payment at the daily rate and to pay the Company's enforcement and/or administration charges. Alternatively the Company may prevent access to the car park until all payments are brought up to date.
5.3 The Company may also terminate this Agreement immediately for any other breach of this Agreement which is not rectified as required by the Company.
5.4 Upon termination all Access Devices shall be returned to the Company.

Assignment
6.1 This Agreement is personal to the Parker and the Parker must not assign any rights or obligations under this Agreement without the prior written consent of the Company.

Duties of the Parker
7.1 The Parker must:
- allow the Company access to any part of the Car Park at any time for the purpose of inspecting it, doing any necessary repairs or for any other purpose specified by the Company;
- observe and conform to all the rules and regulations relating to the use of the Car Park and issued by the Company from time to time;
- use the Car Park only during its operating hours; and
- where this Agreement relates to more than one bay, maintain records of the relevant Pass Cards and corresponding parker details and make them available to the Company when requested.

Initial Payments
8.1 Prior to the Commencement Date of Parking, the Parker must pay to the Company, the first month’s Parking fee, the fee for the Access Device(s) and any other charges (if applicable).

Access Device(s)
9.1 Each Access Device remains the property of the Company.
9.2 The Parker will, if not in possession of a valid Access Device when entering or leaving the Car Park, be liable to pay the ordinary parking tariff displayed at the Car Park.
9.3 The Parker must pay for the replacement of a lost or damaged Access Device.
9.4 All access devices and passes are to be returned to Wilson Parking New Zealand Limited within seven days of the agreed termination date. If they are not returned a replacement charge will be levied for their replacement.

No Safe Custody
10.1 No employee, agent or contractor of the Company has authority to accept any goods for safe custody and the Company will not be liable in any case for any loss of or damage to any article alleged to have been left with the Company or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.

Alteration of Terms and Conditions
11.1 The Company may vary these Conditions by adding, altering or deleting any of them and in that event the new Conditions will be binding on the Parker on the Company giving the Parker one (1) month's notice in writing of the new Conditions.

Waiver
12.1 No time or other indulgence granted by the Company to the Parker will constitute a waiver of any of its rights under this Agreement or at law and the Company will not be precluded from exercising any such rights against the Parker.

Relationship
13.1 Nothing in this Agreement creates or will be construed as creating any tenancy or conferring any interest upon the Parker by way of lease or otherwise in the Car Park or any part of it.

Customer Vehicle Assistance
14.1 If, at the request of the Parker, the Company provides any form of vehicle assistance to the Parker, including but not limited to re-charging the battery of the Parker's vehicle:
- the Parker accepts such assistance at the Parker's own risk in all respects; and
- if any damage is caused to the Parker's vehicle, the Parker releases and indemnifies the Company from and against any claim which the Parker may otherwise have against the Company in respect of that damage.

Conditions of Entry and Limitation of Liability
15.1 The Conditions of Entry displayed at the entrance to and throughout the Car Park are incorporated in this Agreement and apply to this Agreement as if they were set out in full.
15.2 In the case of any inconsistency between this Agreement and the Conditions of Entry, this Agreement will prevail.

Car Park Security
16.1 We will provide reasonable security services in relation to the Carpark, including restricting unauthorised access.
16.2 For security reasons the Carpark will be open during the Hours of Use as set out in the Schedule.
16.3 You must comply with any verbal instructions of on-site personnel, and any directions, rules, or Conditions of Entry we may notify you of or display in the Carpark from time to time for the purpose of fulfilling our obligations under this Agreement.

Disclaimer of Liability
17.1 We will not be liable to you for any loss or Damage resulting from negligence or breach of our service obligations under this agreement, even if we have been notified of the likelihood of such loss or Damage.

Consequences of Breach
18.1 If you breach the Agreement you will be liable for all of Wilson's costs, including any costs in recovering any Amount Payable, plus any debt collection or enforcement charges and legal costs on a solicitor and client basis.

Use of Information
19.1 You agree that we can give any information we have about you to any debt collection agency or any other person in the course of our usual business.
19.2 You agree that we can obtain information about you from any other persons in the course of our usual business activities and you consent to any other person providing us with such information.

Notices
20.1 Any notice which you are required to give us is to be in writing and should be delivered or posted or sent by facsimile to us at our address or our facsimile number set out at the front of this Agreement, unless we advise you otherwise in writing.
20.2 Any notice which we are required to give you will be delivered or posted or sent by facsimile to your street or postal address or facsimile number set out at the front of this Agreement, unless you advise us otherwise.
20.3 Where notice of a matter is required to be given a certain number of days in advance under the Agreement, notice will be treated as having been given:
- if delivered, on the date that it is delivered; or
- if posted, two working days after being put in the post; or
- if sent by facsimile, when the sender received a confirmation of fax at the end of transmission.

Debtors Fees Incurred

Fee Description	Amount
Debtors - one month overdue fees	$25.00 per month
Debtors 60 days overdue fees;	$50.00 per month of outstanding debt
Credit Balances	$10.00 per month
Bank Search fees / Admin Charges	$20.00 per search
Credit Card Transaction Fees	3% of payment
Towing Admin Fees	$40.00 this is on top of the normal Tow charges

All other enquiries telephone 08004PARKING.