Car Parking Terms and Conditions

These terms and conditions apply to all people using University carparks.

This document provides detailed terms and conditions for the users of University carparks.

• Terms and conditions of parking
  • Parking fees
  • Rules for use of car park
  • Abandonment of vehicle
  • Contravention of terms
  • Responsibility for damage
  • By parking here
  • Miscellaneous
  • No one is authorised to amend these conditions on our behalf
  • Who has rights under this agreement?
  • Waiver
  • Will these conditions ever change?
  • Other agreements
  • Interpretation
• Key relevant documents
• Document management and control

Important notice to people entering this car park with a vehicle by entering this car park you agree to the conditions set out below. If you do not accept these conditions, then you must immediately leave the car park. These conditions apply from the moment that you drive your vehicle into this car park and apply 24 hours a day, 7 days a week. You hereby also bind the owner of the vehicle you are driving to all these conditions and warrant your authority to do so.

1. Parking fees

You agree to pay the parking fee displayed at the entrance or, as advised in writing on arrival or departure or otherwise advised and as we may direct. You also agree to pay the penalty charges as outlined in these terms and conditions.

2. Rules for use of car park

You agree to the following rules:

• You must comply with all rules or directions displayed in the car park from time to time and with all relevant laws
• You must comply with any instructions or directions given by any car park attendant or Unisafe Officer.[1]
• You must not obstruct other persons or vehicles using the car park
• You must not park in any area marked “reserved” unless especially allocated to you
• You must not park in any area marked “no parking” or marked with broken yellow lines
• You must not park in a mobility bay without a current mobility window pass
• You must provide us with your full name and address if asked
• These rules of use also apply to any passengers and other users of your vehicle
• The only vehicles you are authorized to park in the car park are vehicles which
  • have a current warrant of fitness and motor vehicle registration
  • are roadworthy and able at all times to be driven under their power; and
  • do not present any danger or risk to other vehicles, persons or the car park

3. Abandonment of vehicle

In the event that any vehicle or any other physical items are left in the car park for more than twenty four hours without express permission after receiving a warning or breach notice attached to the vehicle then that vehicle will be deemed to have been abandoned and subject to Clause 4.

4.1 Contravention of terms

In the event that

• you contravene clauses 1 to 3 of the above conditions, you agree you are parked unlawfully and we may issue a breach notice (“the notice”) requiring you to pay within 21 days: $100 towards the administration costs of enforcing the conditions of this car park and the cost of issuing this notice plus a further $100 parking fee for a lost ticket or 24 hours parking. This refers to OGGB only
• you are issued a notice and you do not pay the sums specified therein within 21 days of date of issue of the notice, then we will send an additional reminder notice and you agree to pay the further sum of $100.00 to cover our administrative cost
• you are issued a reminder notice and you do not pay the sums specified therein within 7 days of the date of the reminder notice, you agree to:
  • the debt passing to our debt collection agency to enforce payment of the money owing by you and all costs of that debt collection
  • any solicitor/client costs incurred by us in enforcing payment of the money owing by you
  • you cannot produce your parking ticket when exiting the car park you must pay a lost ticket fee of $100 regardless of how long you have been parked

4.2. By parking here

• you authorize us if you contravene clauses 1 to 4 of the above conditions, to move your vehicle anywhere even if it is locked, at your cost. Should we remove your vehicle this shall be entirely at your risk and expense. Furthermore you agree that the vehicle will only be released upon payment of any outstanding debt. We accept no liability for any claim by you or any other person for any loss or damage caused as a result
• you will continue to be liable for the parking fee during the period that we retain your vehicle until we recover our cost
• you agree that while your vehicle is retained by us we may clamp it or move it anywhere at your cost
• if you fail to pay our costs within 30 days, you agree we may authorise a tow firm to remove your vehicle and they may sell your vehicle to recover any costs that may be outstanding
• you agree we may retain your vehicle until we are provided with a car park ticket issued by us or proof of ownership or entitlement that we determine to be satisfactory to us

5. Responsibility for damage

• You are liable for any damage to the car park caused by your vehicle, including damage caused by oil or other substances.
• While we shall take all reasonable care, we cannot guarantee the security of your vehicle
• We accept no liability for any claim by you or any other person, whether for loss or damage to you or any other person or to your vehicle or any other vehicle, whether resulting from using the car park or being unable to use the car park or from our negligence or otherwise
• We accept no liability for any loss or damage to any article left in our custody or control. Our employees are not authorized to accept any of your possessions for safe custody, except the keys to your vehicle where possession is taken at our employees request
• You agree to indemnify us in respect of any claim made against us arising from your use of the car park or the use of the car park by anyone else with your authority

6. Miscellaneous

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

7. No one is authorised to amend these conditions on our behalf

Nothing contained in this agreement limits or restricts any statutory right or remedy that may be available to you.
When you are using this car park for business purposes, the Consumer Guarantees Act 1993 does not apply.

8. Who has rights under this agreement?

• All our rights under this agreement are also for the benefit of and enforceable by our employees and agents, and the owner of the car park if we do not own the car park ourselves
• Your rights under this agreement are for your benefit only

9. Waiver

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.

10. Will these conditions ever change?

We can amend any of these conditions at any time. Car park attendants are not authorized to amend these conditions on our behalf.

11. Other agreements

If there is any inconsistency between these conditions and those contained in any other written agreement which you have entered into with us, the conditions contained in that other agreement will prevail.

12. Interpretation

To avoid any confusion as to the meaning of these conditions

claim includes any claim for damage, loss or compensation; and any demand, remedy, liability or action.

damage includes direct, indirect, consequential and special damage.

outstanding debt includes previous unpaid parking fees and/or unpaid enforcement notices.

Vehicle is any car, van, truck, motor cycle, motor scooter, E-Scooter, E-Bike, bicycle or any other motorized form of transport and includes its accessories and contents.

we and us means The University of Auckland and includes any of its employees, agents and independent contractors including contracted service providers to The University of Auckland.

you includes both the driver and the owner of a vehicle entering this car park.

your vehicle means the vehicle which you are driving, regardless of whether it is owned by you.

Any other physical items left in the car park will be treated in the same manner as vehicles as regards abandonment.

Further information and queries
For further information about parking at the University, any parking queries or to send in your car parking application form, contact:
Staff Service Centre
Ext: 86000

Include the following:

• Car Parking Guidelines

Prepared by: Commercial Manager Property Services
Date: May 2019
Content manager: Commercial Manager, Property Services
Owned by: Director, Property Services