Automatic Number Plate Recognition (ANPR) Terms and Conditions

Introduction

1. Ashford Borough Council is providing Automatic Number Plate Recognition services (“the Services”) in Elwick Place car park in Ashford.
2. These terms and conditions set out the relationship between Ashford Borough Council and each and every customer using the car park at which Automatic Number Plate Recognition is in operation. When using the Services you accept to be bound by these terms and conditions.
3. When using the Services you will need to familiarise yourself at any time when you make use of the Services with these terms and conditions or any changes to the same. The terms and conditions are, usually also available at the parking location but may be subject to change.
4. You are not permitted to assign or transfer any details as a registered user of the Services to any other person.
5. The Services provided through this website are supplied by Ashford Borough Council,
6. The Service is accessed and represented through the Ashford Borough Council website.
7. The overall control of parking operations and any enforcement is provided and managed by Ashford Borough Council.
8. The Services support a range of payment facilities for drivers and/or owners of vehicles that are required to pay fees for parking either through the internet or smart phone.
9. The Services are officially used and authorised by Ashford Borough Council to collect payments, and will provide Ashford Borough Council with vehicle parking details and information. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
10. If you need to contact us for any reason, you may do so by emailing us at parkingcustomercare@ashford.gov.uk.

Register and using the Services

1. To obtain the Services you must first register through the Ashford Borough Council website and be accepted by Ashford Borough Council.
2. During registration you will be required to provide correct details including name, address, vehicle registration number, mobile number and payment details. If your personal details change you will need to update your registered details or contact Ashford Borough Council immediately.
3. After you have been accepted to use Services and have been provided with an account you must enter any requested details correctly when using the Services. This includes (but is not limited to) your correct vehicle registration number, failure to do so can result in: a) entry or exit being barred from the car park, and/or b) you being subject to parking enforcement should due payment for any parking rights provided not be made.
4. A parking booking is deemed to have been placed by a customer when such parking booking has been made:

   a)    from your mobile phone or
   b)    through Ashford Borough Council‘s website at www.ashford.gov.uk/, or
   c)     as a registered user sending an SMS with correct details.

   Ashford Borough Council reserves the right not to accept the booking if payment for Services are not made. Registration for Service does not guarantee a parking space at any time in any of the car parks provided by Ashford Borough Council. Parking spaces available through the ANPR parking service are strictly 'subject to availability' only.

5. For each booking, Ashford Borough Council shall process your personal data including details for bank/card payments, and you are consenting to the use of these details.

6. Your Service payments and any personal information held is managed by our payment provider, who are a PCI DSS Level 1 compliant payments provider, a data security standard mandated by the Payment Card Industry (PCI) Security Standards Council.

Payment for Services

1. You are responsible for all charges (including VAT) arising out of the use of the Services. These shall include (but is not limited to) charges for:
   • The use of a mobile/smart phone (if applicable and irrespective of type of device) and all service charges levied by the mobile phone operator.
   • Parking charges, including (but not be limited to) the charge for parking fees payable to Ashford Borough Council,
   • Any fees payable through using the Service
   • Any charges levied by Ashford Borough Council, bank or card issuer.
2. By registering for the Service you become a registered user and agree and authorise Ashford Borough Council to obtain funds, including pre-authorisation for payment. Where multiple vehicles are registered, charges will be made for each vehicle that has used the Service.
3. No credits or refunds will be given for periods of time during which a season ticket is not used.
4. The Services can be cancelled at any time through the website, no credits or refunds will be made.

Availability of Service

1. Ashford Borough Council will use its reasonable endeavours to maintain the continuous operation of the Service, however it does not guarantee uninterrupted access to the Service, and you accept that access to the Service may be restricted for occasional repairs, routine maintenance or upgrades.
2. Situations may occur that are beyond Ashford Borough Council’s reasonable control that can disrupt the provision of Services. Ashford Borough Council will recommence provision of Services as soon as the root cause has been resolved. There may be a delay before it can recommence Services.

Suspension or termination of Service

We may suspend account usage where a registered user is in breach of the terms and conditions. Registered users will be notified either in writing by post or by email that the account has been suspended, to re-enable an account you will be required to provide supporting information to satisfy Ashford Borough Council that cause or reason of suspension has been fully rectified/resolved. Ashford Borough Council shall be entitled to terminate ticketless parking services immediately if:

1. Any notified amounts owed by a registered user are not paid immediately.
2. Ashford Borough Council are exposed to risk of litigation or civil proceedings by any actions caused by the registered user.
3. A material breach of these terms and conditions is committed by the registered user.
4. The registered user of the Service is bankrupt, enters into an arrangement with creditors, or a receiver or administrator is appointed over any part or all assets of the registered user.
5. Ashford Borough Council are mandated to comply with an official or legal order.
6. Ashford Borough Council believe the registered user will be unable to pay any amount due under the terms and conditions.
7. For any other reason.

Exclusions, limitations and liability

1. Ashford Borough Council will not be liable (whether in contract, tort including negligence, or otherwise) to you for:

(i) for any direct losses of any kind however arising,

(ii) loss or destruction of data, profits, savings or contracts, and/or

(iii) any indirect or consequential loss or damage, loss of reputation and goodwill, loss of profits, savings or contracts, and/or

(iv) any indirect or consequential loss or damage, costs, expenses or other claims for compensation relating to the use or the inability to use or in any other way related to or in connection with the provision of the Service

(v) any loss or damage which you may suffer as a result of using the Services including , without limitation, losses resulting from parking fines rightfully applied by any authority under the Road Traffic Act 1984 (as amended), the Road Traffic Act 1991 (as amended), the Traffic Management Act 2004 (as amended), other relevant paring legislation or common law. In no event shall Ashford Borough Council, its affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable whatsoever.

2. Other than if further excluded in these terms and conditions, if Ashford Borough Council are in breach of any of these terms and conditions or if any other liability is arising (including liability for negligence or breach of statutory duty), then subject to the provisions of section 9, our aggregate liability shall be limited, for any one event or series of connected events in a twelve month period to the amount that is ten (10) times the value of the parking charge.
3. Ashford Borough Council undertake to use reasonable care in maintaining and monitoring our systems and services but, where Ashford Borough Council use such reasonable care. Ashford Borough Council will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of Service or systems failure caused by systems or services under Ashford Borough Council’s control which result in our systems or services being unavailable for you to use. Where such systems or service failure is caused by systems or services not under Ashford Borough Council’s control, Ashford Borough Council will not be liable for any damages or losses whatsoever.
4. Ashford Borough Council will not be liable for the loss of any emails or SMS messages sent to mailboxes of any configuration or sent from email accounts related services provided by Ashford Borough Council. Ashford Borough Council will not be responsible for any SMS or email stored in mailboxes provided by Ashford Borough Council.
5. Ashford Borough Council accept liability for death or personal injury caused by its negligence, and any other liability which cannot be excluded by law, without limit and none of the limitations contained in these terms and conditions apply to such liability.
6. You agree to indemnify and hold Ashford Borough Council, its subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this agreement, or your breach of any law or the rights of a third party relating to your use of the service.
7. Whilst Ashford Borough Council make regular maintenance updates to our systems, firewalls and Services, it is your responsibility to ensure that your system is adequately protected from viruses, worms or other disabling devices. Ashford Borough Council will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems, whether under Ashford Borough Council’s control or otherwise, caused by your failure to adequately protect your system.
8. You and Ashford Borough Council expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of the agreement as if they were a party to it.
9. Your statutory rights relating to the use of reasonable care and skill in the provision of the Service are not affected by the terms and conditions of the agreement. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen's Advice Bureau.

Complaints

1. Should you have cause to comment on this service, please email us at parkingcustomercare@ashford.gov.uk.
2. You should expect to receive a reply within 28 working days upon receipt of your complaint. You will be informed of any delay if one should arise.
3. More information on our formal complaints procedure can be found on our complaints webpage.

Privacy Statement

Ashford Borough Council (ABC) is the data controller for any personal information collected or processed whilst using our Automatic Number Plate Recognition parking services. Your information will be used to administer our Automatic Number Plate Recognition parking services, processing is being conducted relying upon a contractual legal basis. Your data may be shared with other departments within the council for the purpose of improving services, keeping records up-to-date and for the protection of the public fund. We will not share your information with any third parties unless we are required or permitted to do so by law. Your information will be retained as long as you hold an Automatic Number Plate Recognition parking services account +7yrs. For more information about your data protection rights please see the Council’s data protection pages which can be found at www.ashford.gov.uk or contact the Data Protection Officer at, The Data Protection Officer, Ashford Borough Council, Civic Centre, Tannery Lane, Ashford TN23 1PL.

Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English Law.

Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

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