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 NEITHER A CAR PARK NOR AN AREA ALLOCATED FOR THE PARKING OF VEHICLES. IT CAN ONLY BE USED FOR PICKING UP OR DROPPING OFF PASSENGERS.
YOU MUST NOT LEAVE YOUR CAR UNATTENDED, AND IT MAY BE REMOVED IF YOU DO. See clause 4 below.
THE MAXIMUM PERMITTED TIME IN THE PRIORITY SET-DOWN AREA IS 15 MINUTES. YOU WILL INCUR AN £80 CHARGE IF YOU EXCEED THIS. See clause 5 below.
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 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
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.
2.1 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.
2.2 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 5) even if they have not caused those charges to arise. Similarly, those people can enforce these Terms against us.
2.3 These Terms are governed by English law.
2.4 Nothing in these Terms affects your statutory rights.
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 on our website,before you enter it, and within it.
3.3 You pay for using the Priority set-down area as you exit. The exit is controlled by barriers that will prevent you from leaving unless you pay the full amount due.
3.4 The Priority set-down area is intended for use only for dropping off or picking up passengers, for a maximum period of 15 minutes. Charges are deliberately set to discourage longer stays and you will incur a charge of £80 if your Vehicle is in the Priority set-down area for longer than 15 minutes. If you wish to stay for longer than 15 minutes, you are strongly advised to use the short term or mid term parking facilities.
4 Unattended Vehicles
4.1 A Vehicle is considered to be “unattended” if neither the driver nor any passenger is inside the Vehicle or immediately outside it.
4.2 Given the security risk posed by unattended vehicles in proximity to the passenger terminal and in busy areas such as the Priority set-down area, it is our policy to remove any Vehicle that is left unattended within the Priority set-down area.
4.3 If your Vehicle is removed, there are 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.
4.4 For the purposes of Section 54 of the Protection of Freedoms Act 2012, our authority to remove Vehicles from the Priority set-down area derives from the Byelaws and/or the Aviation Security Act 1982 and/or any other relevant rights or powers of whatever kind we may have. Separately, the police, or any one acting under their direction, including us, have authority to remove Vehicles from the Priority set-down area. The police or any one acting under their direction, including us, also have authority to immobilise Vehicles in the Priority set-down area by clamping.
4.5 We accept no responsibility for any damage caused, loss suffered, or costs incurred by you or any other person as a result of the removing of a Vehicle except for damage caused to the Vehicle as a result of our negligence. However, in such circumstances our liability is limited to the reasonable cost of the repair of the Vehicle, up to a maximum of £50,000. We will not be liable for any damage caused to the Vehicle as a result of normal techniques for removal or clamping if we have taken reasonable care in using those techniques.
5.1 Your Vehicle must not remain in the Priority set-down area for longer than 15 minutes. If it is, 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
5.2 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.
5.3 It is our policy to enforce all PENs and therefore you should make payment promptly.
6 Safety in the Priority set-down area
6.1 You must drive carefully in the Priority set-down area, with awareness of and due consideration for others.
6.2 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.
6.3 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.
6.4 You must not run in the Priority set-down area, nor allow any child or animal to do so.
6.5 You must ensure that animals are kept secured when outside your Vehicle, and do not create a danger to others.
7 Regulations for the use of the Priority set-down area
7.1 When using the Priority set-down area, you must not:
7.1.1 leave any Vehicle, or any trailer, caravan, or the like, unattended; or
7.1.2 drive any Vehicle without being insured to do so; or
7.1.3 reverse any Vehicle (unless directed to do so by us); or
7.1.4 move a Vehicle other than under its own power; or
7.1.5 pour or transfer fuel into or out of the fuel tank of a Vehicle; or
7.1.6 carry out any repair, maintenance, or other work to a Vehicle; or
7.1.7 wash or clean a Vehicle; or
7.1.8 cause excessive noise or exhaust fumes; or
7.1.9 sell, hire or otherwise dispose of a Vehicle; or
7.1.10 carry out any commercial activity of any kind (except that licensed taxis or minicabs may pick up or drop off
passengers subject to compliance with the remainder of these Terms); or
7.1.11 obstruct any access or circulation area; or
7.1.12 pull up other than parallel to the kerb; or
7.1.13 enter areas that we have closed; or
7.1.14 stop in spaces designated as being reserved or allocated for specific uses unless entitled to do so; or
7.1.15 deliberately or recklessly damage it; or
7.1.16 deliberately or recklessly 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
7.1.17 deliberately obstruct any ANPR or CCTV installation; or
7.1.18 create litter; or
7.1.19 be disorderly, or be a nuisance to or harass anyone; or
7.1.20 be abusive, violent, or threatening to anyone.
7.2 When using the Priority set-down area, you must:
7.2.1 comply with these Terms: and
7.2.2 comply with the Byelaws). 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; and
7.2.3 comply with any request or instruction given to you by APCOA Parking or by the police.
7.3 If you commit any of the activities described in clause 7.1, or do not comply with clause 7.2, we may:
7.3.1 require you and your Vehicle to leave the Priority set-down area immediately, and
7.3.2 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.
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, unless directed to do so by APCOA Parking or the police.
9 What you should do in the case of damage to or theft of or from your Vehicle
9.1 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:
9.11 immediately inform a member of our staff, either in person or via the help button provided; and
9.1.2 (in the case of theft) immediately inform the police; and
9.1.3 notify your insurance company promptly.
9.2 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.
10 Damage to other Vehicles or property within the Priority set-down area
10.1 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.
11 Liability for loss or damage to Vehicles and property
11.1 IMPORTANT: Please read the whole of this clause 11 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 11.3 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.
11.2 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.
11.3 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.
11.4 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.
12 Liability for death or personal injury
12.1 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.
12.2 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.
12.3 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.
13 Temporary Closure
13.1 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.
14 ANPR and CCTV
14.1 ANPR (automatic number plate recognition) cameras are used in the Priority set-down area to enforce payment.
14.2 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).
14.3 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.
14.4 Please contact us (see “How to contact us” below) for further information about our capture and use of data and our data protection policy.
15 Appeal against enforcement action
15.1 You have a right to appeal against the taking of enforcement action (the issue of a PEN or removal of a Vehicle) against you. If you wish to do so, 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.
15.2 Clause 15.1 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.
15.3 The fact that we may have taken any enforcement action 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 any obligation you have under these Terms, or in law.
16 Liens and abandoned Vehicles
16.1 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.
16.2 Every Vehicle in the Priority set-down area is subject to a lien for all charges due in respect of that Vehicle for the use of 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.
16.3 We may sell your Vehicle if:
16.3.1 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
16.3.2 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.
16.4 Before selling any Vehicle, we will:
16.4.1 make reasonable enquiries with a view to identifying and contacting the registered keeper; and
16.4.2 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.
16.5 If we do sell your Vehicle, we will apply the proceeds in the following order:
16.5.1 we will pay all of the outstanding parking charges owing to us by you; then
16.5.2 we will deduct our reasonable expenses and administration charges in connection with the sale; then
16.5.3 we will deduct our reasonable charges for the parking or storage of the Vehicle until its sale; then
16.5.4 we will pay any balance to the last registered keeper before sale, on proof of entitlement.
How to contact us
17.1 You should contact us through the company that manages the Priority set-down area on our behalf, APCOA Parking UK Limited.
E-mail us at : firstname.lastname@example.org
Telephone us on : 0845 303 7397
Write to us at : APCOA Parking, PO Box 1010, Middlesex, UB8 9NT
17.2 Where these Terms require you to contact us in writing, contacting us by e-mail is “in writing” as long as the e-mail is correctly addressed to the e-mail address given above.