Priority Set-Down Area - Terms & Conditions of Use

• THESE ARE THE TERMS ON WHICH YOU AGREE TO ENTER AND USE THE PRIORITY SET-DOWN AREA.
• IT IS IMPORTANT THAT YOU READ THEM AND UNDERSTAND THEM, AS THEY EXPLAIN YOUR OBLIGATIONS AND WHAT WE DO AND DO NOT ACCEPT LIABILITY FOR.
• THE PRIORITY SET-DOWN AREA IS NOT A CAR PARK. IT CAN ONLY BE USED FOR PICKING UP OR DROPPING OFF PASSENGERS. YOUR CAR MAY BE REMOVED IF IT IS LEFT UNATTENDED. See clauses 12 and 13 below.
• THE MAXIMUM PERMITTED TIME IS 10 MINUTES. YOU WILL INCUR AN £80 CHARGE IF YOU EXCEED THIS.

1 Definitions

1.1 These Terms use words that have specific meanings, as follows:-

1.1.1 Byelaws: the London Luton Airport Operations Limited Byelaws, a copy of which can be found by clicking here.

1.1.2 Priority set-down area: the Priority set-down area at London Luton Airport.

1.1.3 Terms: these Terms.

1.1.4 Vehicle: any vehicle that enters the Priority set-down area, including (where it makes sense) its equipment and accessories.

1.1.5 We, us, our: London Luton Airport Operations Limited.

1.1.6 Your, you: any person who enters the Priority set-down area, whether or not they are the owner or the driver of a Vehicle.

2 Binding effect of these terms

2.1 These Terms are the terms on which you enter and use the Priority set-down area. No other Terms apply. Please contact us (see How to contact us, below) if you have any questions about their meaning.

2.2 Our rights under these Terms, and the enforcement of these Terms, may be exercised and carried out by APCOA Parking, who manage the Priority set-down area on our behalf.

2.3 Anyone who enters the Priority set-down area does so on these Terms, and accepts these Terms on behalf of themselves and anyone else who has a financial interest in the vehicle and its contents. This means that we can enforce these Terms against, for example, the registered keeper of a Vehicle, who is therefore responsible for payment of any charges that arise under these Terms (including clause 13, Enforcement) even if they have not caused those charges to arise. Similarly, those people can enforce these Terms against us.

2.4 These Terms are governed by English law.

2.5 Nothing in these Terms affects your statutory rights.

3 Tickets and Charges

3.1 No tickets are issued for use of the Priority set-down area.

3.2 Charges for using the Priority set-down area are displayed at its entrance.

3.3 You pay for parking as you exit the Priority set-down area.

3.4 The Priority set-down area is intended for use only for dropping off passengers, for a maximum period of 10 minutes. Charges are deliberately set to prevent longer stays. If you wish to stay for more than 10 minutes, you are strongly advised to use the short term or mid term parking facilities.

4 Safety in the Priority set-down area

4.1 You must drive carefully in the Priority set-down area, with awareness of and due consideration for others.

4.2 You are responsible for the safety of your children, and you must always have them under your supervision. You must not allow them to be put in danger, or where they could cause an accident. In particular, children must never play in the Priority set-down area and must be accompanied by an adult at all times.

4.3 You must comply with all directions and signs from time to time posted in the Priority set-down area and all instructions or requests given or made from time to time by us for regulating traffic and controlling the positioning of Vehicles within the Priority set-down area.

4.4 You must not run in The Priority set-down area, nor allow any child or animal to do so.

4.5 You must ensure that animals are kept secured when outside your Vehicle, and do not create a danger to others.

5 Breakdowns

5.1 If your Vehicle breaks down in the Priority set-down area, or cannot be driven for any reason, you must call for assistance by contacting us using the nearest help point or by calling 07809 492373. You must not attempt to repair the Vehicle yourself, or to move it.

6 In case of damage to or theft of or from your Vehicle

6.1 If your Vehicle is damaged whilst in the Priority set-down area, or is stolen, or any of your possessions are damaged or stolen from it whilst it is in the Priority set-down area, you should:-

6.1.1 immediately inform a member of our staff, either in person or via the help button provided; and

6.1.2 (in the case of theft) immediately inform the police; and

6.1.3 notify your insurance company promptly.

6.2 If you think that you have a claim against us for any reason you should write to us at our address stated below (see How to contact us) within 48 hours of discovering any loss or damage you, telling us what happened, and what it is you are claiming. If you delay doing so, it may be difficult for us to check the facts or to find out who (if anyone) is to blame, and this may affect our ability to deal with your claim.

7 Damage to other Vehicles or property within the Priority set-down area

7.1 If you damage another Vehicle, or any part of the Priority set-down area, or injure any person who is in the Priority set-down area, you should report the matter immediately to a member of our staff and give him the registration number(s) of the Vehicle(s) involved together with your full name and address, the name and address of your insurance company, and your policy number. In doing so, you are consenting to our passing this information to third parties for use in connection with the incident. We will not sell that information or use it for any other purpose. You may be required to pay the cost of making good any damage that you have caused.

8 Liability for loss or damage to Vehicles and property

8.1 IMPORTANT: Please read the whole of this clause 8 carefully.

• Please take care to ensure that your valuables are safe. They should not be left unattended in the Priority set-down area.
• If you do leave valuables unattended, and they are damaged or stolen, you may not be covered by your own insurance.
• We accept responsibility for our negligence, and for breach of our obligations in these Terms, or for any breach of a duty imposed on us by Act of Parliament. However, unless in any case it is unlawful to do so, the extent of our liability is limited as set out in clause 8.3 below.
• On the other hand, we do not accept responsibility to you for any loss that is not caused by our negligence, breach of our obligations in these Terms, or breach of a duty imposed on us by Act of Parliament.
• In view of the limits of our liability, in terms of both scope and amount, you are strongly advised to have fully comprehensive insurance for your Vehicle and its contents, and for your possessions.

8.2 We reserve the right to enter a Vehicle (and to use force if necessary) to facilitate the exercise of the rights given to us in these Terms or to abate any nuisance caused by your Vehicle.

8.3 In all cases, if we are liable for damage, our liability is limited to the reasonable cost of the repair of the items(s) in question, and if we are liable for loss or theft, our liability is limited to the reasonable cost of a replacement equivalent item. However, our total liability arising out of any one incident, whether for damage, loss, theft, or any of them in combination, will not exceed £50,000.

8.4 We may hold you responsible if, whilst in the Priority set-down area, you cause loss or damage to any person or thing due to your act or negligence.

9 Liability for death or personal injury

9.1 We accept unlimited liability for the death of or personal injury sustained by you or by any other person in the Priority set-down area, but only if it is caused by our negligence, breach of our obligations in these Terms, or breach of a duty imposed on us by Act of Parliament.

9.2 On the other hand, we do not accept responsibility for the death of or personal injury sustained by you or by any other person in the Priority set-down area, unless it is caused by our negligence, breach of our obligations in these Terms, or breach of a duty imposed on us by Act of Parliament.

9.3 We may hold you responsible if, whilst in the Priority set-down area, you cause death or injury to any person due to your negligence or breach of your obligations in these Terms.

10 Temporary Closure

10.1 The Priority set-down area, or a part of it, may have to be closed temporarily for operational reasons, or be evacuated in cases of emergency.

11 ANPR and CCTV

11.1 ANPR (automatic number plate recognition) cameras are used in the Priority set-down area to enforce payment.

11.2 Both ANPR and CCTV cameras are used in the Priority set-down area for operational and security reasons, public safety, law enforcement, and in connection with the enforcement of clause 13 (Prohibited activities).

11.3 We may, therefore, record and store images and data relating to you or to a Vehicle. By entering the Priority set-down area, you consent to the capture and use of images and data for the purposes stated in this clause. We will not use such images and data for any other purpose.

11.4 Please contact us (see “How to contact us” below) for further information about our capture and use of data and our data protection policy.

12 Prohibited activities within the Priority set-down area

12.1 When using the Priority set-down area, you must not:

12.1.1 leave a Vehicle in the Priority set-down area for longer than 10 minutes; or

12.1.2 leave any Vehicle, or any trailer, caravan, or the like, unattended; or

12.1.3 drive any Vehicle without being insured to do so; or

12.1.4 reverse any Vehicle (except when manoeuvring out of a parking space or if directed to do so by us); or

12.1.5 move a Vehicle other than under its own power; or

12.1.6 pour or transfer fuel into or out of the fuel tank of a Vehicle; or

12.1.7 carry out any repair, maintenance, or other work to a Vehicle; or

12.1.8 wash or clean a Vehicle; or

12.1.9 cause excessive noise or exhaust fumes; or

12.1.10 sell, hire or otherwise dispose of a Vehicle; or

12.1.11 carry out any commercial activity of any kind (except that licensed taxis or minicabs may pick up or collect passengers subject to compliance with the remainder of these Terms); or

12.1.12 obstruct any access or circulation area; or

12.1.13 park other than parallel to the kerb; or

12.1.14 enter or park in areas that we have closed; or

12.1.15 park in spaces designated as being reserved or allocated for specific uses unless entitled to do so; or

12.1.16 fail to comply with any instruction given by us; or

12.1.17 deliberately damage it; or

12.1.18 deliberately damage or hinder the operation of any equipment, such as (but not limited to) entry/exit equipment, lighting, CCTV or ANPR installations, barriers, or ticketing and pay equipment; or

12.1.19 deliberately obstruct any ANPR or CCTV installation; or

12.1.20 create litter; or

12.1.21 be disorderly, or be a nuisance to or harass anyone; or

12.1.22 be abusive, violent, or threatening to anyone. 

12.2 You must comply with the Byelaws whilst on our property (including the Priority set-down area). This is separate from compliance with these Terms. However, you will be in breach of these Terms if you are in breach of the Byelaws. 

12.3 If you commit any of the activities described in clause 12.1, you are liable to enforcement action being taken as described in clause 13. We may also:

12.3.1 require you to leave the Priority set-down area immediately, and

12.3.2 exclude you and/or your Vehicle from the Priority set-down area in cases of repeated infringements by notifying you to that effect. We may take court action to enforce any such exclusion.

13 Enforcement

13.1 If there is any contravention of clause 12.1 (Prohibited activities) we have the right to:

13.1.1 Apply a Parking Enforcement Notice. A Parking Enforcement Notice (PEN) may be left on your Vehicle or handed to you.  The PEN will specify:-

• the sum you are required to pay  
• the time within which payment must be made
• the address to which payment must be sent 

The PEN will also explain that unless payment is made in accordance with its terms court action will be commenced to recover the sums due from you under the PEN together with costs interest and any other sums legally recoverable;
and/or

13.1.2 Apply a wheel clamp to your Vehicle. We adhere to the British Parking Association’s Code of Practice for the clamping of Vehicles.  If your Vehicle is clamped notices will be displayed in the Priority set-down area giving a contact telephone number and also specifying the fee to be paid by you for the removal of the wheel clamp. On payment of the sum the clamp will be removed as soon as reasonably practicable;
and/or

13.1.3 Remove your Vehicle. If your Vehicle has been removed there will be notices displayed in the Priority set-down area giving a contact telephone number and also specifying the sum to be paid by you before your Vehicle is released.

13.2 It is our policy to enforce all PENs and therefore you should make payment promptly.

13.3 Which course of action we choose (PEN, and/or clamping, and/or removal) is entirely in our discretion and we do not have to justify our decision to you. However, you have a right to appeal against the taking of enforcement action (see clause 14 below).

13.4 We accept no responsibility for any damage caused, loss suffered, or costs incurred by you or any other person as a result of the clamping or removing of a Vehicle.

13.5 The fact that we may have taken any of the actions described in clause 13.1 does not affect any criminal or civil liability that you may be liable for (whether to us or to any other person) as a result of any contravention of clause 12.1, or of any other obligation you have under these Terms, or in law.

14 Appeal against enforcement action

14.1 If you wish to appeal against any action that we have taken under clause 13.1, you should write to us at our address stated below (see How to contact us) within 48 hours of you becoming aware of the enforcement action that we have taken, setting out the relevant facts. If you delay doing so, it may be difficult for us to establish what happened and this may affect our ability to deal with the appeal.

14.2 Clause 14.1 does not stop you from taking legal action against us if you think that we have acted unlawfully. However, we ask that you do not do so before using the appeal procedure set out above. 

15 Liens and abandoned Vehicles

15.1 A lien is a right for someone to hold another’s property until money has been paid, and to sell that property if the money is not paid.

15.2 Every Vehicle in the Priority set-down area is subject to a lien for all charges due for the parking of that Vehicle in the Priority set-down area. Therefore, we have the right to refuse to allow a Vehicle to leave the Priority set-down area or, if we have removed it, to keep it, until all such charges have been paid in full.

15.3 We may sell your Vehicle if:

15.3.1 you have not paid all monies properly due to us within 28 days of us sending to you a written notice of our intention to sell the Vehicle; or

15.3.2 if we believe or are entitled to assume that the Vehicle has been abandoned but we will not sell your Vehicle if you have told us that you dispute the charges, or have confirmed to us that the Vehicle has not been abandoned.

15.4 Before selling any Vehicle, we will:

15.4.1 make reasonable enquiries with a view to identifying and contacting the registered keeper; and

15.4.2 give at least 28 days’ notice of our intention to do so to the last registered keeper at the last-known address, by posting the notice by pre-paid post to that address.

15.5 If we do sell your Vehicle, we will apply the proceeds in the following order:

15.5.1 we will pay all of the outstanding parking charges owing to us by you; then

15.5.2 we will deduct our reasonable expenses and administration charges in connection with the sale; then

15.5.3 we will deduct our reasonable charges for the parking or storage of the Vehicle until its sale; then

15.5.4 we will pay any balance to the last registered keeper before sale, on proof of entitlement.