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Season Tickets Terms and Conditions

These Terms and Conditions set out the terms on which we will supply to you a Season Ticket. Please read these Terms and Conditions carefully as they will form the basis of the contract between us. By placing an Order for a Season Ticket, you agree to be bound by these Terms and Conditions. We recommend that you retain a copy of these Terms and Conditions in a safe place, as they are your record of the contract between us. We are always happy to assist where we can, and to take on board any comments which you might have. If you have a general comment or query, please contact our telesales department by telephone (0345 0507 080) or by email (telesalesteam@ncp.co.uk).

1 Defined terms

The following terms used throughout these Terms and Conditions shall have the following meanings:

Any references to “NCP”, “we”, “us” and “our” shall be a reference to National Car Parks Limited.

ANPR” means automatic number plate recognition.

Commencement Date” means the date from which your Season Ticket is valid (as notified to you by us or otherwise indicated on your Season Ticket).

 “Nominated Car Park(s)” means the car park (or car parks in the case of a Roving Season Ticket) nominated in your Order.

Order” means your order for the purchase of a Season Ticket for your chosen Period whether submitted by post, telephone or via our website.

Period” means the monthly, quarterly or yearly period identified in your Order.

Roving Season Ticket” means a permit allowing you to park your vehicle in a number of different Nominated Car Parks for the required chosen Period.

Season Ticket” means the season ticket held by you whether it is a Standard Season Ticket or a Roving Season Ticket.

Standard Season Ticket” means a permit allowing you to park your vehicle in the Nominated Car Park for the required chosen Period.

2 Information about us

We are registered in England and Wales under company number 253240. Our registered office is at National Car Parks Limited, Saffron Court, 14B St Cross Street, London, EC1N 8XA. In certain car parks, we act as agent on behalf of the car park owner, which may be a local authority, corporate entity or other organisation. This will not affect your rights or obligations under these Terms and Conditions.

3 Car Park Terms and Conditions

(a) By using your Season Ticket you are agreeing to be bound by and to comply with the car park terms and conditions on display at the Nominated Car Park(s) and available on our website (as updated from time to time).

(b) Where you are contracting other than as a consumer and are purchasing a Season Ticket for use by your employees, officers, partners or agents, you shall ensure that, prior to their use of the Nominated Car Park(s), they have agreed to comply with the car park terms and conditions on display in the Nominated Car Park(s) and available on our website (as updated from time to time). On NCP’s request, you shall provide us with evidence of such agreement.

4 How the contract is formed

(a) Online: If you place an Order online, you will be making an “offer” to us to purchase a Season Ticket. After placing your Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. All Orders are subject to acceptance by us, and we shall confirm our acceptance to you by dispatching your Season Ticket to you. Your contract with us will only be formed when we dispatch your Season Ticket.

Our website contains a large number of different season tickets. It is always possible that, despite our reasonable efforts, some of the season tickets on our website may be accidentally, incorrectly priced. If we discover an error in the price of the season ticket that you have ordered online, we will contact you to inform you of this error and we will give you the option of continuing to purchase the season ticket at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing by post or email. If we mistakenly accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the season ticket and refund to you any sums that you have paid to us in respect of that Order.

(b) By Telephone: If you make an enquiry about purchasing a Season Ticket, we will confirm the agreed price by sending you a proposal which will be us making an "offer" to you. To accept our offer, you will need to confirm to us by email or by telephone. This confirmation will be your Order. Your contract with us will be formed when we have taken your payment. Your Season Ticket will then be dispatched.

(c) In Person: If you place an Order with us by completing an application form in the physical presence of one of our sales representatives, you will be making an “offer” to us to purchase a Season Ticket. All Orders are subject to acceptance by us, and we shall confirm our acceptance to you by dispatching your Season Ticket to you. Your contract with us will only be formed when we dispatch your Season Ticket.

If we are unable to offer you a Season Ticket for your Nominated Car Park(s), we may contact you to offer a suitable alternative.

5 Consumer rights

If you are contracting as a consumer (ie you are not making this contract in the course of business), you may cancel the contract at any time within fourteen days, beginning the day after you received your Season Ticket or, in the case of a renewal, the day after your Season Ticket is renewed. If you decide to cancel your contract, you will receive a full refund of the price paid by you for your Season Ticket less any days used. To cancel the contract, you must inform us in writing at NCP, NCP Season Ticket Dept PO Box 6149, 1 Trinity Court, Broadlands, Wolverhampton Business Park WV1 9RT and return the Season Ticket to us immediately, in the same condition in which you received it and at your own cost and risk. Please note that this right to a refund does not affect your statutory rights.

6 Risk and title

The Season Ticket will be at your risk from the date of dispatch. We retain ownership of the Season Ticket throughout the term of the contract and grant you a non-exclusive right for the duration of our contract to use the Season Ticket for the sole purpose of parking your vehicle in the Nominated Car Park(s). Your Season Ticket is personal to you and is non-transferable.

7 Price and payment

(a) Price: If you are a consumer, the price for the Season Ticket shall be inclusive of VAT and any costs associated with delivery of the Season Ticket to your address. If you are not a consumer, the price for the Season Ticket shall be exclusive of VAT but inclusive of any costs associated with delivery of the Season Ticket to your address.

(b) Increase in prices: We may increase our Season Ticket prices from time to time. We will notify you in writing either by post or email if our prices will increase in respect of the following Period. You can decide whether to allow your contract to renew for a new Period. You may then either:

(i) give us notice in writing that you wish to cancel your contract; or

(ii) do nothing, in which case the payment taken in respect of any subsequent Period will be increased in line with our price increase and your Season Ticket renewed for a further Period.

(c) Payment methods:

Payment for the first Period can be made by credit card, debit card, direct debit or cheque.

Payment for any subsequent Period using a credit card will be subject to a non-refundable 2.5% credit card surcharge. A non-refundable administration fee of £5 will also be incurred for the subsequent Period, for any payment method other than direct debit.  For example, if the amount payable (before additional charges) by credit card is £100, the non-refundable credit card charge payable will be £2.50 plus the £5 administration fee making the total amount payable £107.50.

To avoid any additional fees, we would encourage you to make all payments by direct debit. Paying by direct debit ensures that funds are cleared before your next Season Ticket renewal date. If you wish to pay by direct debit you may either:

(i) Complete the direct debit mandate and send it to NCP, NCP Season Ticket Dept PO Box 6149, 1 Trinity Court, Broadlands, Wolverhampton Business Park WV1 9RT; or

(ii) Call us on 0345 050 7080 to set up a paperless direct debit instruction in accordance with the “Paperless Direct Debit Scheme”.

If you wish to pay by cheque, we will dispatch your Season Ticket to you only once your cheque has cleared (this normally takes about ten working days). 

We will not issue receipts for payment for the renewal of a Season Ticket. We would, of course, be happy to provide you with a receipt on request. 

Please note that all paper invoices will be subject to an administrative charge of £2.50 per invoice. To opt in to receiving electronic invoices, please call our telesales department by telephoning 0345 050 7080.

(d) Payment, Periods and term: If you wish to purchase a Season Ticket from us one of the following shall apply:

(i) Contracting as a Consumer: If you are contracting with us as a consumer, your Season Ticket with us will commence on your Commencement Date.

Your first payment to us shall be an amount to cover the first Period. Your contract with us will last until the end of such Period and then renew automatically for further Periods of equivalent length unless and until cancelled by you or us pursuant to section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions. 

If you wish your contract with us to renew for a further Period, cleared funds will be required 10 days prior to the renewal of your Season Ticket for that further Period. If you have chosen to pay by direct debit, this will be automatically deducted from your account on a nominated date (which must be no less than 10 days prior to the renewal of your Season Ticket) unless you have opted to cancel your contract with us in accordance with section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions.

(ii) Contracting other than as a Consumer: If you are not contracting with us as a consumer, your Season Ticket with us will commence on your Commencement Date.

If you are paying monthly, your first payment to us shall be an amount pro-rated to cover the period from your Commencement Date to the first day of the subsequent calendar month plus a payment to cover the whole of such subsequent calendar month. Your contract with us will last until the end of such subsequent calendar month and will then renew automatically for further periods of one calendar month unless and until cancelled by you or us pursuant to section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions.

If you are paying quarterly, your first payment to us shall be an amount pro-rated to cover the period from your Commencement Date to the first day of the subsequent calendar month plus a payment to cover the whole of the subsequent period of 3 calendar months. Your contract with us will last until the end of such subsequent period of 3 calendar months and will then renew automatically for further periods of 3 calendar months unless and until cancelled by you or us pursuant to section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions.

If you are paying annually, your first payment to us shall be an amount pro-rated to cover the period from your Commencement Date to the first day of the subsequent calendar month plus the whole of the year from the first day of that calendar month. Your contract will last until the end of such year and will then renew automatically for further periods of one year unless cancelled by you or us pursuant to section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions.

When your contract with us renews, payment will be required on the 20th day of the calendar month prior to the end of the current Period. If you have chosen to pay by direct debit, your direct debit payment is processed automatically on the 20th day of the calendar month prior to the end of the current Period.

(e) Additional provisions in relation to direct debits: If a claim for a direct debit payment fails for any reason, we will not re-present it to your nominated bank or building society. We will contact you to find out whether you would still like to purchase a Season Ticket, or whether we should regard this as a notice of cancellation by you. If you do wish to complete your purchase of a Season Ticket for a Period or further Period, we will require payment of any outstanding sums by an alternative method, such as by BACS or credit/debit card. You will not be permitted to use your Season Ticket until payment has been made. You will be entitled to access your Season Ticket account online at www.ncp.co.uk and make payment via an alternative debit card or credit card. 

If your bank or building society make any error in relation to your direct debit instruction, you may be entitled to a full refund from your bank or building society. If we make an error in relation to your direct debit instruction we will ensure that you are placed in a position as if we had not made that error.

(f) Increase in VAT: The rate of Value Added Tax chargeable on your Season Ticket may increase from time to time. 

We will notify you in writing either by post or email if the rate of VAT will increase in respect of the following Period. If payment has not been taken in respect of the following Period you may either:

(i) give us notice in writing that you wish to cancel your contract; or

(ii) do nothing, in which case the following Period payment taken will be increased in line with any VAT increase.

8 Your Season Ticket

(a) Please remember that your Season Ticket does not guarantee you a space, entitle you to park in areas marked as reserved (whether for premier bay users or otherwise) unless indicated in your Order or confer upon you any element of exclusivity in or over any part of the Nominated Car Park(s).

(b) Once we are in receipt of your first payment for your Season Ticket we will send your Season Ticket to the address you have provided to us using the method selected by you when placing your Order. Please note that there may be additional charges if you select a method of delivery other than first or second class post. If you do not receive your Season Ticket within a reasonable period, please let us know so that we can investigate and issue a replacement Season Ticket if necessary. If any Nominated Car Park uses ANPR technology, we may choose not to send you a physical Season Ticket but instead we will activate your Season Ticket for the vehicle registration mark that you have notified to us for that Nominated Car Park and we will notify you that we have done so.

We will send to you:

(i) Our receipted VAT invoice relating to the charge for the first Period for which payment has been made; and

(ii) If you have set up a direct debit with us, a schedule setting out the dates upon which we will be processing your direct debit payments.

(c) Your Season Ticket will permit you to park one vehicle only in the Nominated Car Park(s) at any one time. You must not, at any time, use the Nominated Car Park(s) as a storage facility for your vehicle or conduct any activity in connection with the selling, hiring, disposal of vehicles, provision of goods or services or any other business at the Nominated Car Park(s) without prior written permission from us, failing which we shall be entitled to immediately terminate all Season Tickets that you have with us at that time.

(d) Once your Season Ticket has been used to exit your vehicle from a Nominated Car Park, it cannot be used again to exit a different vehicle, which overlaps any part the parking session of the first vehicle. If you do attempt to use your Season Ticket in this manner, or if you are unable to produce your Season Ticket for any reason when exiting a Nominated Car Park, you will be charged at the prevailing daily tariff rate at the Nominated Car Park for the full length of the parking session. Please note that we reserve the right to review historical usage of your Season Ticket alongside CCTV footage to determine whether you have misused your Season Ticket and also pursue you for any loss that we have suffered as a result of any such misuse.

If any Nominated Car Park uses ANPR technology and you replace your vehicle during the Period you must notify us of the new vehicle registration mark before using your replacement vehicle in that Nominated Car Park.

Depending upon the type of car park your Nominated Car Park is, you may need to take another ticket from the machine at the entry/exit point to the Nominated Car Park, to allow you access. You will need to produce this ticket together with your Season Ticket to a car park attendant on exit to avoid having to make any additional payments.

(e) The opening hours of your Nominated Car Park(s) are on display at the Nominated Car Park(s). We shall not be responsible for granting access to or egress from the Nominated Car Park(s) outside of these opening hours.

9 Cancellation, renewals, refund policy and replacements

(a) Cancellation by you

If you are a consumer and you did not cancel during the first 14 days of the contract you may cancel in the following circumstances. If you are not a consumer you may only cancel in the following circumstances:

(i) Yearly Season Tickets paid in full prior to the commencement of the relevant Period – You cannot cancel the Season Ticket at any time during the initial Period unless: (i) we have breached the agreement; (ii) you lose your job; (iii) you are diagnosed with an illness that renders you unable to work or you suffer from a medical condition that affects your ability to drive; or (iv) you move house or change your primary place of work and, as a result, your Nominated Car Park(s) is no longer suitable. You must give us at least 14 days’ written notice of cancellation and we will require written evidence of your loss of employment, medical condition or new address/work location (whichever is relevant).

For renewal of your Season Ticket, we will send you an invoice approximately 7 weeks before the start of the next Period. Your Season Ticket will automatically renew and upon renewal you will be liable for the purchase price of a Season Ticket for the next Period. You must therefore notify us at least 28 days before the start of the next Period if you do not want your Season Ticket to renew.

If your yearly Season Ticket automatically renews, you can cancel it at any time during that next Period by providing us with at least 60 days notice (except where you are only required to give a shorter notice period as set out above).  Save as provided in section 10(e) below, we will refund to you an amount equal to the cost of the unused portion of your Season Ticket and such amount will be calculated as at the date of the expiry of the 60 days’ notice period.

For example, if your Season Ticket renews on 01 January and you notify us on 01 January that you want to cancel your Season Ticket, your Season Ticket will terminate on 29 February. We will refund you an amount equal to 10/12 of the purchase price of your Season Ticket.

(ii) Quarterly Season Ticket paid for in full prior to the commencement of the relevant Period – You cannot cancel the Season Ticket at any time during the initial Period unless: (i) we have breached the agreement; (ii) you lose your job; (iii) you are diagnosed with an illness that renders you unable to work or you suffer from a medical condition that affects your ability to drive; or (iv) you move house or change your primary place of work and, as a result, your Nominated Car Park is no longer suitable. You must give us at least 14 days’ written notice of cancellation and we will require written evidence of your loss of employment, medical condition or new address/work location (whichever is relevant).

For renewal of your Season Ticket, we will send you an invoice approximately 7 weeks before the start of the next Period. Our invoice will notify you that your Season Ticket will automatically renew and you will be liable to pay for the price of a Season Ticket for the next Period. You must notify us at least 28 days before the start of the next Period if you do not want your Season Ticket to renew.

If your quarterly Season Ticket automatically renews, you can cancel it at any time during that next Period by providing us with at least 28 days' notice (except where you are only required to give a shorter notice period as set out above).

(iii) Monthly Season Ticket paid for in full prior to the commencement of the relevant Period – We will send you an invoice at least 21 days before the start of the next Period. Our invoice will notify you that your Season Ticket will automatically renew and you will be liable to pay for the price of a Season Ticket for the next Period. You must notify us at least 14 days before the start of the next Period if you do not want your Season Ticket to automatically renew.

If your Season Ticket automatically renews, you will not be able to cancel it at any point during that subsequent Period and you will continue to be liable for purchase price of that subsequent Season Ticket. You must therefore notify us at least 14 days before the expiry of the then current Period if you do not want your Season Ticket to renew.

(b) Cancellation by us If you have purchased a yearly or quarterly Season Ticket, we may cancel the contract with you at the end of the then current Period, provided that we notify you no less than 60 days prior to the expiry of that Period.

If you have purchased a monthly Season Ticket, we may cancel the contract with you at the end of the then current Period, provided that we notify you no less than 14 days prior to the expiry of that Period.

(c) Cancellation for breach We may also cancel the contract with you at any time on notice to you if you breach any of these Terms and Conditions, the car park terms and conditions for the Nominated Car Park(s), or if you misuse your Season Ticket in any way, such as (for example but without limitation): (i) attempting to extract two vehicles from any one car park on the same Season Ticket; (ii) transferring or selling your Season Ticket to another person; or (iii) allowing another person to use your Season Ticket without our written consent.

(d) Closure of your Nominated Car Park

If you hold a Standard Season Ticket and your Nominated Car Park closes for any reason and we are unable to offer or you choose not to accept any alternative car park suggested by us, either of us may cancel the contract. In such circumstance we will endeavour to give you 1 month's notice or such notice as we are reasonably able to provide in the circumstance.

If you hold a Roving Season Ticket and one of your Nominated Car Park(s) closes for any reason you acknowledge that the Roving Season Ticket provides you with other suitable Nominated Car Parks for your use and we shall be under no obligation to provide you with an alternative car park or any refund or compensation for the closure.

(e) Refunds Upon receipt of notice from you, together with your Season Ticket, or notice by us that the contract with you will be cancelled, we will (if applicable) reimburse you by a payment into the account from which payment for the Season Ticket was originally made or nominated bank account, in respect of any amounts to which you are entitled. Any refund will be calculated in accordance with this section 9 (Cancellations, renewals, refund policy and replacements) and will be based upon the unused portion of the relevant Period from the date upon which a valid notice of termination becomes effective, to the date upon which your Season Ticket expires, or if earlier, the end of the Period for which payment has been made.

You will not receive any refund where: (i) we cancel the contract as a result of your breach or misuse of your Season Ticket; (ii) where you or we cancel a Season Ticket which you pay for on a monthly or quarterly basis; or (iii) where, in the case of a Season Ticket which you pay for on a yearly basis, the unused portion of the then current yearly Period is less than 90 days.

All refunds shall be accompanied by a receipt and, where you are contracting as a business, will be made to the business rather than the individual contracting on behalf of the business.

(f) Replacement cards If your Season Ticket is lost or stolen, then we will issue a replacement provided that you send your request for a replacement to us in writing at NCP, NCP Season Ticket Dept, PO Box 6149, 1 Trinity Court, Broadlands, Wolverhampton Business Park WV1 9RT.

We will issue a first replacement Season Ticket free of charge. If your replacement Season Ticket is lost or stolen, we will be entitled to charge a £6 administration fee, which shall be payable to us at the time of each replacement request.

(g) Defective cards If your Season Ticket does not work for any reason we will send to you a free of charge replacement, provided that you return your defective Season Ticket to us by post at the address detailed at 9(f) above.

We will refund you in full against any charges you have incurred by parking your vehicle in the Nominated Car Park(s) during the period from the date upon which you notify us that your Season Ticket is defective to the date of receipt of a replacement Season Ticket, provided that you provide us with evidence of parking, i.e. valid parking tickets or receipts and you continue to make payments to us when due in accordance with these Terms and Conditions. The limit on our obligation to you in paragraph 10(f) below will not apply to this provision.

10 Our liability

(a) We will use reasonable skill and care in providing you with your Season Ticket and performing our other obligations under the contract. However our responsibility to you is limited and we will only be responsible to you as set out below.

(b) We are responsible for any death or personal injury arising from our, our servants’ or our agents’ negligence. Nothing in these Terms and Conditions shall exclude that liability.

(c) We shall be responsible for direct loss of or damage to your property which arises as a result of our negligence or dishonesty, or our servants’ or agents’ negligence or dishonesty.

(d) Where you are contracting as a consumer or a business we accept no responsibility to you for any of the following types of loss which you may suffer as a result of your use of your Season Ticket:

(i) loss which was not foreseeable to you or us when we entered into the contract (even if that loss results from our failure to comply with these Terms and Conditions or our negligence);

(ii) any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default;

(iii) loss which you suffer other than as a result of our failure to comply with these Terms and Conditions or our negligence or breach of statutory duty.

(e) Where you are contracting as a business we also accept no responsibility to you for loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arises out of or in connection with the contract, or for any liability incurred by you to any other person for any economic loss, claim for damages or awards howsoever arising.

(f) Except as provided in the last paragraph of section 9 (Cancellations, renewals, refund policy and replacements) of these Terms and Conditions where no limit on our responsibility will apply, our maximum aggregate responsibility to you arising out of or in connection with our contract or these Terms and Conditions, whether in contract, tort, negligence or otherwise, shall in no event exceed £1000.00 (one thousand pounds).

11 Communications

By providing us with your email address as part of your Season Ticket application, you agree to receiving communications and information from us by email and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communication be in writing.

You must ensure that any notifications required to be made by you in accordance with these Terms and Conditions are made in writing. All notices must be sent to our registered office address, details of which are set out in section 2 (Information about us) of these Terms and Conditions.

12 Data protection

Any information you provide to us pursuant to these Terms and Conditions, or the contract with us, shall be processed in accordance with our privacy policy, details of which can be found on our website.

13 Waiver

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under our contract, or if we fail to exercise any of the rights to which we are entitled under our contract, this shall not constitute a waiver of our rights or remedies and shall not relieve you from compliance with your obligations. 

A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you of your obligations.

14 Severability

If any provisions of our contract are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term will, to the extent that it is invalid or unlawful, be severed from our contract which will continue to be valid to the fullest extent permitted by law.

15 Circumstances beyond our reasonable control

We reserve the right to defer delivery of your Season Ticket, or to cancel the contract with you, if we are prevented from or delayed in the carrying on of our business and our obligations under the contract due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, provided that, if the circumstances beyond our reasonable control continue for a continuous period in excess of 3 months, you shall be entitled to give notice in writing to us to cancel the contract.

16 Subtracting, assignment and third party rights

You are not entitled to assign, charge, sub-contract or transfer the contract or any part of it without our prior written consent. We may assign, charge, subcontract or transfer the contract or any part of it to any person.

Any person who is not a party to the contract shall not have any right to enforce any term of the contract which expressly or by implication confers a benefit on that person without our prior written agreement.

Any term of the contract can be varied and the contract can be cancelled or terminated without the consent of any third party who might benefit from the terms or have enforceable rights under our contract.

17 Entire agreement

THIS SECTION WILL NOT APPLY IF YOU ARE CONTRACTING AS A CONSUMER.

These Terms and Conditions and any document expressly referred to in them represent the entire agreement with you and supersedes any prior agreement, understanding or arrangement with you, whether oral or in writing.

We each acknowledge that, in entering into the contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to entering into the contract except as expressly stated in this contract.

18 Law and jurisdiction

This contract shall be governed by and interpreted in accordance with English law. If you are a consumer, then you may have rights to bring court proceedings in the courts of the country in which you are domiciled. Otherwise, to the fullest extent permitted by law, you and we shall bring all court proceedings in the courts of England.

Last updated: MARCH 2016

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