Terms and Conditions of Parking

YOU ARE ENTERING PRIVATE PROPERTY.

THESE TERMS AND CONDITIONS APPLY FROM WHEN YOU DRIVE INTO THIS CARPARK AND APPLY 24 HOURS A DAY, 7 DAYS A WEEK INCLUDING ALL PUBLIC HOLIDAYS.

BY ENTERING THIS CARPARK YOU AGREE TO THE TERMS & CONDITIONS SET UP BELOW AND THE CONSEQUENCES OF ANY BREACH OF THESE TERMS & CONDITIONS.  

IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, PLEASE LEAVE THIS CARPARK IMMEDIATELY. 

YOU ALSO BIND THE OWNER OF THE VEHICLE YOU ARE DRIVING TO ALL OF THESE TERMS & CONDITIONS AND WARRANT YOUR AUTHORITY TO DO SO.

WE USE AUTOMATIC NUMBER PLATE RECOGNITION CAMERAS IN THIS CAR PARK TO MONITOR COMPLIANCE WITH THE TERMS AND CONDITIONS.

1.  PAYMENT AND TERMS & CONDITIONS

1.1    You must be a customer of a tenant of the Moorhouse Central Shopping Centre.

1.2 You may not park in the car park for longer than 90 minutes.

1.3 You are considered to have parked regardless of whether you have remained inside the vehicle or left the vehicle.

1.4   You agree to the following Terms & Conditions:

(a)       You will comply with all signs displayed in this carpark and with all relevant laws.

(b)       You will not obstruct other persons or vehicles from using this carpark, or abandon the vehicle.

(c)       You will not park in or over:

(i)        any area marked ‘RESERVED’ or ‘NO PARKING’ or outside of the line-marked bays;

(ii)      a mobility bay without displaying a current mobility permit; and

(iii)      a manner that causes your vehicle to occupy more than one parking bay.

(d)      The vehicle you are parking must have a current Warrant of Fitness and registration, be roadworthy and able at all times to be driven under its own power and will not present any danger or risk to other vehicles or persons in the carpark.

(e)      You agree that we are able to obtain the name and address of the owner of the vehicle from the motor vehicle Register and to pass this information on to third parties for the purposes of debt recovery if necessary.

 2.      IN THE EVENT YOU ARE IN BREACH OF ANY OF THE ABOVE TERMS AND CONDITIONS, YOU AGREE THAT YOU ARE PARKING UNLAWFULLY AND:

2.1      We may issue a Parking Breach Notice requiring you to pay, within 21 days, the amount as detailed in Schedule A below, which reflects the costs to us of enforcing the Terms and Conditions of this carpark. These enforcement costs include and may not be limited to:

(a) Acquiring and maintaining the automatic number plate recognition system;

(b) Development and maintenance of information technology systems to issue and manage the collection of breach notices;

(c) Personnel to manage email, written and phone communications, receipt and reconciliation of parking breach revenues, issue of Reminder Breach Notices, preparation of Disputes Tribunal applications, liaison with third party debt collection agencies; and

(d) Communication costs including internet and telephone, postage and stationery.

2.2      If you are issued a parking Breach Notice and you do not pay the sums specified therein within 21 days of the Breach Notice date, then we will issue you with a Final Breach Notice.

2.3      If you are issued a Final Breach Notice and you do not pay the sums specified therein within 21 days of the issue date of the final Breach Notice, we will either seek to commence recovery of the amount due for the Parking Breach Notice through the Disputes Tribunal, or we will forward our Breach Notice to an external agency to commence recovery of the amount due and you agree to pay:

(a)      The costs of managing the collection process including the preparation of a Disputes Tribunal claim being set at $50, plus the Disputes Tribunal Application Fee payable to the Ministry of Justice;

(b)       Or the cost of the debt passing to our debt collection agency; and

(c)       Any solicitor/client costs incurred by us in enforcing payment of the money owing by you.

2.4     If you dispute your Parking Breach Notice you can take a claim in the Disputes Tribunal against us.  If you take such a claim and you are successful in your claim, then we will reimburse the cost of the Disputes Tribunal Application Fee to you.

2.5      You may ‘opt out’ of authorising the release of your name and address from the motor vehicle register. We are authorised under section 236 of the Land Transport Act 1998 to seek this ownership information, and the disclosure in response to any application made by us is made in accordance with section 237(2)(d) of the Land Transport Act 1998.

2.6      We may remove your vehicle from this Carpark by having it towed at your risk and expense and request that your vehicle is held until all outstanding debts (including the towing release fee) have been paid.

2.7       If you are the registered owner of the motor vehicle, and wish to transfer the liability for this Parking Breach to the person lawfully entitled to use the vehicle at the time of the offence under Section 133A (1) of the Transport Act 1998, any transfer must be made within 28 days of the date of the First Breach Notice.

3.      SECURITY & RESPONSIBILITY FOR DAMAGE

3.1     While we shall take all reasonable care, we cannot guarantee the security of your vehicle.

3.2    We accept no liability for any claim by you or any other person whether for loss or damage to your vehicle or any other vehicle, whether resulting from using this carpark or being unable to use this carpark or for negligence or personal injury or otherwise.

3.3     We accept no liability for any loss or damage to any article left in our custody or control.

3.4     You are liable for any damage to this carpark caused by you or your vehicle.

3.5      You agree to indemnity us in respect of any claim made against us arising from your use of this carpark or the use of this carpark by anyone else with your authority.

4.      PERSONAL INFORMATION

4.1    You may provide your email address or mobile phone number when communicating with us about a Breach Notice.

4.2    We will use this information to communicate with you if parking remains unpaid.

5.      MISCELLANEOUS

5.1    We may use camera surveillance equipment in and around this carpark for the purpose of protecting our lawful interests. We reserve the right to provide any camera footage to the NZ Police or in the event of a motor vehicle accident claim to an insurance company.

5.2     If we fail to act or pursue any right or remedy available to us this will not in any way prejudice our right to exercise that or any other right or remedy.

5.3    No one is authorised to amend these Terms and Conditions on our behalf.

6.      INTERPRETATION

(a)       “claim” includes any claim for damage, loss or compensation and any demand, remedy, liability or action.

(b)       “damage” includes direct, indirect, consequential and special damage.

(c)       “outstanding debts” includes previous unpaid Parking Breach Notices and/or unpaid enforcement costs.

(d)      “vehicle” includes its accessories and contents.

(e)       “we” and “us” means CP Administration Limited and includes any of their employees, agents and independent contractors

(f)       “you” includes both the driver and owner of a vehicle entering this carpark.

(g)       “your vehicle” means the vehicle which you are driving, regardless of whether it is owned by you.

SCHEDULE A

BP25 Less than 90 mins over time limit $25.00

BP35 1.5 hours to 5 hours over the time limit $35.00

BP50 More than 5 hours over time limit $50.00

Last Updated - 1 August 2024