TERMS AND CONDITIONS – BARRIER ARM
1 Introduction to Terms and Conditions
These Terms and Conditions are applicable to Carparks that operate by Barrier Arms.
2 Acceptance of Terms and Conditions
2.1 These Terms and Conditions apply 24 hours a day, 7 days a week. By entering the car park, you agree to and accept these Terms and Conditions.
2.2 By entering the car park, you also warrant and represent that you are authorised to bind the owner of your Vehicle to these Terms and Conditions.
3 Payment Process
3.1 You agree to pay the payment for the car park on entry or upon leaving the car park in your Vehicle, whichever is applicable to the car park.
4 Barrier Arm Breaches
4.1 If you forcibly lift or otherwise interfere with any barrier arm or access gate equipment in the car park, we may issue you with a notice requiring you to pay within 21 days the sum of $200.00, which are our costs of inspection and resetting our equipment, and if the barrier arm or access gate has been damaged by your actions, you agree to be liable for any further costs incurred by us in repairing the damaged equipment.
4.2 If you tailgate another vehicle through the barrier arm exit without paying, we may issue you with a notice requiring you to pay within 21 days the sum of $125.00, which are our reasonable costs of enforcing this condition.
4.3 You acknowledge that the above terms are reasonably necessary to cover our reasonable costs of enforcement and administration and to protect our legitimate business interests in encouraging compliance with, and addressing non-compliance with, these Terms and Conditions.
5 Definitions and Interpretation
5.1 In these Terms and Conditions unless the context requires otherwise:
Claim includes any claim for Damage, loss, or compensation, and any demand, remedy, liability, or action.
Customer means the driver of a Vehicle entering the car park.
Damage includes any direct, indirect, consequential, and special damage.
Notice means parking enforcement breach notice.
Outstanding Debt includes any unpaid parking fees and/or unpaid Notices.
Terms and Conditions means these terms and conditions, as amended from time to time by us.
Vehicle includes its accessories and contents. The phrase “your Vehicle” means the Vehicle in which you enter the car park, whether or not the Vehicle is owned by you.
we, our, and us means Parking Enforcement Services, a division of Wilson Parking New Zealand Limited, and includes any of Wilson Parking New Zealand Limited’s employees, agents, and independent contractors.
you and your is a reference to you, the Customer.
5.2 In the event of any ambiguity, inconsistency, or conflict between the provisions of Part A and Part B (General Terms) of these Terms and Conditions, the provisions of Part A shall prevail.
5.3 Reference to dollars and $ refers to New Zealand dollars (NZ$) unless specifically stated otherwise.
6 Payment Terms
6.1 To ensure a valid parking right applies, you agree you will follow and complete the payment process in accordance with Part A and adhere to these Terms and Conditions.
7 You agree to comply with the following rules
7.1 You agree to:
7.1.1 observe and conform to all rules or directions displayed in the car park and to comply with all relevant laws and regulations relating to the use of the car park;
7.1.2 not obstruct other persons or vehicles using the car park and you agree not to abandon your Vehicle in the car park;
7.1.3 not park in any car park marked “reserved” unless you possess a legal license or lease to park in that car park bay, or any area marked “no parking” or outside of the line-marked parking bays;
7.1.4 not park in a mobility bay without a current mobility window pass displayed;
7.1.5 not park in any bay unless you have completed payment and hold a valid parking right;
7.1.6 not park in any bay unless you have been authorised to park in that car park bay.
7.2 You warrant that your Vehicle has a current warrant of fitness and registration, is roadworthy and is able to be driven under its own power and will not present any danger or risk to other vehicles or persons or the car park.
8 Breach Notices
8.1 You agree that if you have breached any of these Terms and Conditions that you have parked unlawfully and without authority. You agree we may issue, or send by post, to you, a Notice requiring you to pay within 21 days a sum no greater than $85.00, plus costs to accept your payment, which are the reasonable costs of enforcing these Terms and Conditions.
8.2 If you are issued with a Notice and you do not pay the sum specified in that Notice within 21 days of the date of the Notice, then we will send a reminder Notice, and you agree to pay the further sum of $20.00, plus costs to accept your payment, being our reasonable administrative cost in sending the notice.
8.3 If you are issued a reminder Notice and you do not pay the sums specified within 7 days of the dates of the reminder Notice, you agree that:
8.3.1 we may use a debt collection agency to enforce payment of the sums owing by you, together with the cost of such debt collection; and
8.3.2 you will be liable for any costs and expenses incurred by us to enforce payment of the money owing by you, including our solicitor/ client costs.
8.4 If you wish to appeal any Notice you have been issued or sent, please visit www.pesnz.co.nz/appeals.
8.5 You acknowledge that the above terms are reasonably necessary to cover our reasonable costs of enforcement and administration and to protect our legitimate business interests in encouraging compliance with and addressing non-compliance with, these Terms and Conditions.
9 If your Vehicle is towed
9.1 You agree that if you breach any of these Terms and Conditions, as an alternative to us issuing you with a breach Notice, or if your Vehicle has repeatedly breached these Terms and Conditions and/or has multiple outstanding breach Notices, we may remove your Vehicle from the car park by having it towed at your own risk and expense.
9.2 If your Vehicle is towed, you agree that we may hold your Vehicle until either:
9.2.1 the Outstanding Debt, plus any fees under clause 5.4, have been paid in full; or
9.2.2 you enter into a payment plan with us to pay off the Outstanding Debt, plus any fees under clause 5.4, within 28 days of your Vehicle being towed.
9.3 If you do not enter into a payment plan within 28 days of your Vehicle being towed, you accept the risk that the towing company may sell your Vehicle in order to offset the costs that it has incurred that are associated with your breach.
9.4 If your Vehicle is towed, you agree that your Vehicle will be released only upon payment of the release fee from the towing company and our relocation / towing administration fee of $45, in addition to payment of any Outstanding Debt owed by you to us.
9.5 You acknowledge that the above terms are reasonably necessary to cover our reasonable costs of enforcement and administration and to protect our legitimate business interests in encouraging compliance with and addressing non-compliance with, these Terms and Conditions.
10 Responsibility for Damage and Injury
10.1 You agree that you will be liable for any Damage to the car park caused by you or your Vehicle.
10.2 Your Vehicle will remain solely at your risk while it is in the car park.
10.3 While we shall take all reasonable care, we cannot guarantee the security of your Vehicle or its contents.
10.4 Except to the extent provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or otherwise at law, our liability for any Claim by you or any other person, including (but not limited to):
10.4.1 any Claim for loss or Damage to your Vehicle; or
10.4.2 for loss or Damage to the contents of your or any other vehicle; or
10.4.3 resulting from using the car park or being unable to use the car park; or
10.4.4 for negligence or personal injury or otherwise,
will be limited to providing a refund of the specific parking fee paid by you for the parking service giving rise to the liability. This limitation applies even if we are negligent or in breach of these Terms and Conditions.
10.5 We accept no liability for any loss or Damage to any article left in our custody or control. Our personnel are not authorised to accept any of your possessions for safe custody, except the keys to your Vehicle where possession of your Vehicle is taken at our request.
10.6 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 car park by anyone else acting on your instructions or under your authority.
10.7 You acknowledge that the above terms are reasonably necessary to protect our legitimate business interests in connection with these Terms and Conditions, including to encourage compliance with, and performance of, these Terms and Conditions.
11.1 You agree to provide us with your full name and address if asked by us. You agree that we may obtain the name and address of the owner of your Vehicle from the motor vehicle register and pass this information to third parties for the purposes of debt recovery in accordance with these Terms and Conditions, even if you or the owner of your Vehicle have opted out of the obligation to provide that information.
11.2 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.
11.3 No one is authorised to amend or waive these Terms and Conditions or amend or waive any Notices issued by us for any breach of these Terms and Conditions by you or make representations on our behalf (unless confirmed by us in writing).
11.4 We may use automatic number plate recognition in the car park to monitor compliance with these Terms and Conditions. If requested, you agree to provide us with your Vehicle number plate details when obtaining your parking ticket or window pass, or when making an electronic payment.
11.5 We may use visual and audio surveillance and recording equipment in and around the car park for the purpose of protecting our lawful interests, and for protecting the safety of our employees, agents, contractors and our customers.
11.7 These Terms and Conditions may be amended by us from time to time. Amendments apply from the date the amended version is published by us.