This document contains the terms and conditions on which Nasitra supplies Permits at the Stella Nova car park. By purchasing a Permit, the Vehicle Owner enters a contract with Nasitra and agrees to the terms and conditions set out below.
PLEASE NOTE: Neither the purchase of a Permit by the Vehicle Owner, nor compliance with these terms and conditions, exempts the Vehicle Owner from the parking management terms and conditions displayed in the Car Park by Nasitra’s Agent. By entering the Car Park, the Vehicle Owner has entered into a contract with the Agent and must continue to comply with such parking management terms and conditions displayed in the Car Park otherwise the Vehicle Owner will be liable to pay the applicable parking charge stated by the Agent.
In this agreement:
“Agent” means Nasitra’s agent for monitoring and managing the Car Park from time to time as identified by the parking management terms and conditions signs displayed in the Car Park.
“Car Park” means car parking bays numbered: 1 to 5 (inclusive) on the ground floor; 6 to 50 (inclusive) on the first floor; 51 to 98 (inclusive) on the second floor; and, designated motorbike parking areas on the first and second floors of the Development.
“Commencement Time and Date” means the time on the first day that the Permit applies as specified on the Permit.
“Development” means Stella Nova, Washington Parade, Bootle L20 4TZ.
“Managing Agents” means the agents who manage the Development, namely Stella Nova Management Services Ltd of Unit 8, Stella Nova, Washington Parade, Bootle L20 4TZ
“Nasitra” means Nasitra Limited, a company registered in the UK (company no. 04749021) with its registered office at 25 Allerton Road, Woolton, Liverpool L25 7RA and who is the owner of the Car Park.
“Parking Bay” means any of the car parking bays as specified under the definition of “Car Park” except for any car parking bays at ground level whatsoever, or any other car parking bay as may be allotted to the Vehicle Owner by Nasitra by notice in writing at any time during the Permit Period.
“Permit” means the parking licence purchased by the Vehicle Owner from Nasitra at the following web address: www.stellaparking.com
“Permit Fee” means the amount payable by the Vehicle Owner to Nasitra for the Permit, as displayed at the following website address: www.stellaparking.com.
“Permit Period” means the period (being the number of minutes, hours, days, weeks or months) of the valid permit purchased online.
“Vehicle” means one private motor car or one private motorcycle used for private purposes or for business purposes of the Permit Holder, excluding taxis and vehicles used for private hire.
“Vehicle Owner” means any person who enters the Car Park while in charge of a Vehicle.
- The Car Park is strictly for the exclusive use of residents and staff of Stella Nova and their respective visitors.
- Permits are strictly subject to availability. Nasitra may refuse to issue a Permit at any time.
- Coaches, lorries, heavy goods vehicles (HGVs), caravans, caravanettes, mobile homes and vehicles exceeding the maximum height limit of 2 metres are strictly prohibited from the Car Park. Any Permits erroneously issued in respect of such vehicles shall be automatically void and no refunds shall be issued.
- Designated disabled Parking Bays are strictly reserved for valid Blue Badge parking permit holders only. A valid Blue Badge parking permit must be clearly displayed on the front windscreen of the Vehicle with the details clearly visible at all times. [The Permit must be issued in the name of the Blue Badge holder, who must be either the driver or a passenger of the Vehicle at the time when the Vehicle enters the Car Park.]
- ISSUING OF A PERMIT
- Vehicle Owners must purchase a valid Permit online at www.stellaparking.com either before entry to the Car Park or within 15 minutes of entering the Car Park. No Vehicle may stay in the Car Park without a valid Permit. An expired Permit is not a valid Permit.
- By issuing a Permit, Nasitra gives the Vehicle Owner permission to park the Vehicle in the Parking Bay at the Vehicle Owner’s own risk for the duration of the Permit Period. In addition, Nasitra gives the Vehicle Owner the right to access the Car Park and the roadways leading to the Parking Bay. Nasitra gives the Vehicle Owner the right to pass and re-pass over the ramp at the entrance of the Car Park and all roadways on the Development leading to the ramp for the duration of the Permit Period.
- The Permit shall commence on the Commencement Date and endure for the Permit Period. If the Vehicle Owner requires use of the Car Park following the end of the Permit Period, a new Permit will be required.
- The Permit is a licence to use the Parking Bay and the Parties agree that the Permit does not create a tenancy over the Parking Bay.
- It is the sole responsibility of the Vehicle Owner to ensure the full and accurate vehicle registration mark (VRM – i.e. the number plate) of the vehicle in the Car Park is provided when purchasing a Permit. An incorrect VRM on a Permit shall render the Permit invalid.
- PAYMENT FOR THE PERMIT
- In consideration for the issue of a Permit by Nasitra, the Vehicle Owner must pay the relevant Permit Fee. The Permit Fee is inclusive of rates and other outgoings in respect of the Parking Bay.
- The Vehicle Owner will pay the Permit Fee either on application for the Permit via the above-mentioned website or on such due date for payment as may be specified by Nasitra together with any VAT payable on the Permit Fee.
- The Permit Fee is a payment for the issuing of a Permit. Save where set out in these terms, Nasitra will not provide any refunds once the Permit has been purchased, regardless of the length of Permit Period left.
- The applicable Permit Fee shall be reviewed from time to time at the sole discretion of Nasitra.
- PERMIT HOLDER’S OBLIGATIONS
- The following obligations shall apply to Vehicle Owners when parking in the Car Park following purchase of a Permit:
- The Vehicle Owner must park their Vehicle in an orderly manner in a Parking Bay, or the assigned Parking Bay set out in the Permit (as applicable) and keep the Parking Bay clean and tidy.
- The Vehicle Owner may access the Parking Bay 24 hours a day, 7 days a week, subject to clause 4.1.7.
- The Vehicle Owner must use reasonable endeavours to prevent oil or grease dripping from their Vehicle onto the floor of the Car Park and must immediately inform the Managing Agents if any such dripping occurs. In any event, the Vehicle Owner will remain liable for the full clean-up operation.
- The Vehicle Owner may use the Parking Bay only for the purposes and at the times authorised in the Permit.
- The Vehicle Owner must comply with all further regulations and conditions that Nasitra, or the Managing Agents may reasonably make from time to time for the safety, good management and control of the Car Park, as the same are notified to the Vehicle Owner.
- Nasitra, its Agent or the Managing Agents may close the Car Park on reasonable notice and for any reason including (but not limited to) the purposes of security, repairs, or resurfacing. In such circumstances the Vehicle Owner shall be entitled to reasonable compensation as determined by Nasitra, such compensation to be capped at a maximum amount of the cost of the outstanding amount of time on the Permit Period.
- The Vehicle Owner must not deposit rubbish in, or otherwise litter, the Car Park.
- The Vehicle Owner must not take any motor fuel or lubricating oil into the Car Park other than that inside the fuel tank and engine of their Vehicle.
- The Vehicle Owner must not do or allow to be done anything that may be or become a nuisance or annoyance or cause damage to:
- a) Nasitra;
- b) any other Vehicle Owner;
- c) any other person using the Car Park;
- d) any person using the roadways to or in the Car Park;
- e) any occupier of the Development; or
- f) any occupiers of adjoining property to the Development.
- The Vehicle Owner must not do or permit anything to be done that may cause the policy of insurance covering the Car Park against damage by fire and/or any other risk to become void or voidable, or that may cause the insurance premium to be increased.
- The Vehicle Owner must not do or permit anything to be done in the Car Park that may breach any statutory provision or regulation or any byelaws made by a competent authority with regard to the parking or use of motor vehicles.
- The Vehicle Owner must not clean any Vehicle or undertake any maintenance or repair of any Vehicle, or permit the same, on or around the Car Park unless authorised by Nasitra in advance.
- The Vehicle Owner will comply at all times with the directions of the Managing Agents, and such directions shall take precedence over these terms and conditions.
- The Vehicle Owner is responsible for ensuring that the Vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged.
- The Vehicle Owner must reimburse Nasitra for the cost of replacing any lost fobs or swipe cards used to access the Car Park.
- The Vehicle Owner must reimburse Nasitra on demand all reasonable expenses properly incurred by Nasitra in respect of any renewal of any policy of insurance over the Car Park or any increase or premium caused by the Vehicle Owner’s breach of its obligations regarding insurance at clause 4.1.10 above.
- The Vehicle Owner will compensate Nasitra for any costs, expenses, claims, damages, fines, losses or similar suffered by Nasitra arising out of or in connection with:
- the Vehicle Owner breaching any terms set out in the Permit, these terms and conditions or any requirements of the Management Agents; and
- the Vehicle Owner’s fault or negligence.
- Nasitra or its appointed representatives reserve the right to charge the Vehicle Owner a daily rate of between £60.00 and £135.00 and any legal expenses or fees reasonably incurred, as well as interest on any outstanding amount owed by the Vehicle Owner of 6% per annum if:
- the Vehicle is parked or positioned in a non-designated parking bay;
- the Vehicle is straddling more than one Parking Bay;
- the Vehicle Owner fails to comply with any terms set out in the Permit, these terms and conditions or any requirements of the Management Agents (as an alternative to clause 5.3.1); or
- without prejudice to Nasitra’s rights under clause 7, the Vehicle remains in or is re-parked in the Car Park after the Permit Period has expired and has not been renewed.
- The Car Park is an unmanned Car Park which is monitored by the Agents. Nasitra is not responsible for any consequence or loss arising from a failure by the Vehicle Owner to properly secure their Vehicle. Any possessions left in a Vehicle are left entirely at the owner’s risk.
- Nasitra is not liable in any circumstances for the following:
- any loss or damage to any vehicle or property;
- any damage or injury to any person howsoever arising;
- any damages or compensation for loss or profits, delay or otherwise if either (i) unauthorised persons use or endeavour to use the Car Park or Parking Bays, or (ii) Vehicles and/or any other objects prevent access to or egress from the Car Park or the Parking Bay, in each case, save where any of the above occurs as a direct result of negligence or a wilful act or default of Nasitra.
- ENDING THIS CONTRACT
- Nasitra may terminate the Permit and end this contract immediately upon providing written notice to the Vehicle Owner where:
- the Vehicle Owner fails to pay the Permit Fee on application, or by such due date as may be specified by Nasitra; or
- breaches any of terms set out in the Permit, these terms and conditions or any requirements of the Management Agents.
- If Nasitra ends the contract in the circumstances contained in clause 6.1, the Vehicle Owner will not be entitled to any refund of any part of the Permit Fee.
- Nasitra may end this contract at its sole discretion even if no breach has taken place by giving the Vehicle Owner 24 hours’ written notice, together with a pro rata refund for any period still remaining in the Permit Period.
- REMOVAL OF VEHICLES
- At the end of the Permit Period, or if Nasitra ends the contract under clause 6 above, the Vehicle Owner must immediately remove the Vehicle and any other property of theirs from the Car Park or arrange for it to be removed immediately.
- If the Vehicle Owner’s Vehicle and property is not removed within 2 days of the Permit Period and/or the contract ending, Nasitra may, upon the provision of 7 days written notice to the Vehicle Owner stating its intention, remove and dispose of the Vehicle and property in any manner it considers fit (acting reasonably and proportionately at all times) without incurring any liability whatsoever to the Vehicle Owner. The Vehicle Owner agrees to compensate Nasitra for any costs, claims, and/or expenses resulting from the removal of the Vehicle and property. Any money received by Nasitra upon removal and disposal of the Vehicle will be paid to the Vehicle Owner, minus Nasitra’s reasonable costs.
- In addition, Nasitra (acting by itself or through its agents) reserve the right to move vehicles within the Car Park using whatever method Nasitra considers appropriate (even if, as a consequence, damage is caused to a Vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park. In addition, Nasitra reserves the right to use a lawful authority to remove any Vehicle to another reasonably convenient car park, whether or not operated by Nasitra or not, where the Car Park has to be unexpectedly closed permanently or temporarily, either in whole or in part, due to a matter outside of Nasitra’s control, or if the Car Park has to be evacuated in an emergency. To the extent that it is necessary to do so in the exercise of these rights, Nasitra reserves the right to (or get its agents to) drive or otherwise take any Vehicle parked in the Car Park onto a public highway. In doing so Nasitra or its agents will take reasonable care of the Vehicle.
- Failure to remove a Vehicle may also leave the Vehicle Owner liable for the parking charges applied by the Agent under the parking management terms and conditions displayed in the Car Park.
- Any notice given by the Vehicle Owner to Nasitra under this contract must be in writing and must be sent by registered post or recorded delivery to Nasitra’s registered office, which is:
Nasitra Limited, 25 Allerton Road, Liverpool, L25 7RA.
- Any notice given by Nasitra to the Vehicle Owner under this contract must be in writing and must be sent by registered post or recorded delivery to the Vehicle Owner’s address, being the address of the registered keeper of the Vehicle as recorded by the DVLA. If notice cannot be served on the Vehicle Owner by registered post or recorded delivery, such notice may be affixed to the Vehicle.
- Any notice shall be deemed to have been given on confirmation of delivery (if sent by recorded delivery), 2 days after posting (if sent by registered post) or 2 days after affixing to the Vehicle (if affixed to the Vehicle, Nasitra shall, where required provide photographic evidence of the date of affixing).
- The Vehicle Owner agrees that nobody else has any rights under this contract. This contract is between the Vehicle Owner and Nasitra only and no other person shall have any rights to enforce any of its terms including by virtue of the Contracts (Rights of Third Parties) Act 1999.
- The Permit and these terms and conditions constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the issuance and use of a Permit.
- Nothing in these terms is intended to, or shall operate to, create a partnership between the parties or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
- Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if Nasitra delays in enforcing this contract, it can still enforce it later. If Nasitra does not insist immediately that the Vehicle Owner does anything they are required to do under these terms and conditions, or if Nasitra delays in taking steps against the Vehicle Owner in respect of their breaking this contract, that will not mean that the Vehicle Owner does not have to do those things and Nasitra will not be prevented from taking steps against the Vehicle Owner at a later date.
- The issuance and use of the Permits, and these terms and conditions, are subject English law and the courts of England and Wales shall have exclusive jurisdiction.