Visitor Permits - Conditions of use

Terms & Conditions for Brighton & Hove City Council Visitor Permits

The use of the online application system to purchase Visitor Permits is subject to the following terms & conditions:

Definitions:

Application                                        An application by the Resident for Visitor Permits.

Council:                                             Brighton & Hove City Council

CPZ:                                                   Controlled Parking Zone being an area listed in the relevant Traffic Regulation Order.

Permit Address:                                The property, the postal address of which is within the list of streets in the relevant Traffic Regulation Order for the CPZ for which the Visitor Permit is required. This does not include any vehicle constructed or adapted for human habitation nor any trailer or caravan similarly constructed or adapted.

Permit Holder:                                   The Resident to whom the Visitor Permits are issued.

Resident:                                           A person aged 17 years or over who resides at the Permit Address for not less than 5 nights per week.

Traffic Regulation Order:                Legal agreements to enable the Council to manage traffic.

 

 Visitor Permits                                 Visitors’ parking permits including both virtual and scratch card permits issued by the Council to Residents for use by Residents who receive genuine visitors at the Permit Address.

 

 

Application for Visitor Permits

  1. It is an offence to give false or misleading information when applying for a Visitor Permit for which an individual could be fined up to £5,000 and/or imprisoned.                                                       
  2. The Council has absolute discretion as to whether or not to issue a Visitor Permit. A Visitor Permit may only be issued for the CPZ in which the Permit Address is situated. The maximum number of Visitor Permits that can be purchased in a period of 12 months per eligible Resident  is as follows:
  3. in all Zones except Zones Y and Z a maximum of 50; and
  4. in Zones Y and Z a maximum of 25.
  5. Virtual Visitor Permits are only valid if used in the Controlled Parking Zone for which they were issued and have been activated online prior to use.
  6. Scratch Card Visitor Permits must be used in accordance with the Instructions and Conditions as printed on the reverse of the permit. The expiry date is shown on scratch card Visitor Permits. A scratch card Visitor Permit must be clearly displayed in the windscreen of the vehicle to which it relates, so that the particulars on the Visitor Permit are readily visible from the front near-side of the vehicle windscreen. Failure to display the scratch card clearly may result in the issue of a penalty charge notwithstanding that the Permit Holder has a valid Visitor Permit for the vehicle.
  7. Visitor Permits are non-refundable, non-transferrable and cannot be exchanged. A Visitor Permit will expire at the expiry date applicable to the particular permit and cannot be used after that expiry date. A Visitor Permit shall be valid for the date only upon which the Visitor Permit is used or in the case of a virtual Visitor Permit for the date only for which it has been activated.
  8. Visitor Permits cannot be resold. Visitor Permits remain the property of the Council and the Permit Holder must return them to the Council if required to do so.
  9. If any information given by the Resident is false they may be prohibited from buying permits in the future.
  10. The Council may request that the Resident provides proof of eligibility for Visitor Permits, including proof of address, at a later date. If such a request is made the Resident and/or Permit Holder must provide the requested information within 14 days of the Council making such a request.
  11. The Council may check its’ Council Tax records to confirm the eligibility of the Resident and/or Permit Holder for Visitor Permits.
  12. Neither the purchase nor the activation of a Visitor Permit guarantees the availability of a parking space.
  13. A Visitor Permit only allows the relevant vehicle to be parked in a permit holder only bay or a shared use permit holder / pay and display bay in the street / part of the street within the CPZ  for which the permit was issued or if a scratch card permit is used as specified on the Visitor Permit  during controlled hours (as displayed on street signs, within the Zone for which the permit was issued or if a scratch card permit as specified on the permit).Vehicles must be parked within the markings of the permitted bays or spaces available.
  14. As part of the Council’s policy to prevent fraud and misuse of permits, proof of address can be requested at any time after the issue of a Visitor Permit. Failure to provide the Council with the necessary information within 14 days of such a request may result in cancellation of all the Visitor Permits held by the Permit Holder

Data Protection Statement & Detection of Fraud

  1. Please be aware the Council may use data collected in administering parking controls or schemes including data supplied in an application (or renewal) for a Visitor Permit for the purposes of parking administration, management, enforcement including investigation of possible parking and traffic contraventions or related offences or for any purpose relating to the parking services offered in Brighton & Hove. The data may also be used for these purposes by the Council’s agents and contractors and may be disclosed to enforcement agencies or other local authorities for these purposes.
  2. The Council is under a duty to protect the public funds it administers, and to this end may use the information you have provided in relation to your parking application for the prevention and detection of fraud. It may also share this information with law enforcement agencies and other bodies responsible for auditing or administering public funds for these purposes. The Council will treat the data in accordance with the Data Protection Act 1998. For further information, see Brighton & Hove City Council’s privacy statement at:

 http://www.brighton-hove.gov.uk/content/about-website/privacy-and-cookies

  1. As part of the Council’s policy to prevent fraud and misuse of permits, proof of address and or such other evidence as may be required by the Council can be requested at any time after the issue of a Visitor Permit. The Council will investigate any cases of suspected fraud or misuse of the Permit. If the Council finds evidence of fraud or misuse or if the requested evidence is not supplied to the Council within 14 days of the Council making such a request it will suspend any Visitor Permits held by the Permit Holder and withdraw the facility to purchase Visitor Permits. The Council may also cancel such permits already purchased, which may render the vehicle owner liable to pay a penalty charge and possible vehicle removal & storage fees. The Council may also prosecute where they consider that fraud or intentional misuse has taken place.
  2. The Council will carry out a Tracesmart verification search which means that credit reference agencies will place a footprint on the Resident’s credit file and that the Resident’s details relating to this search may be accessed by third parties for the specific purpose of anti-money laundering, credit assessment, identity, verification, debt collection, asset reunification, tracing and fraud prevention.
  3. The General Data Protection Regulation (GDPR) comes into effect on 25 May 2018. The Council may update the data protection clauses to ensure compliance with GDPR.

 Exclusion of Liability

  1. To the extent legally permissible the Council excludes liability for damage, loss or injury howsoever caused to any person, property or any vehicle or its load or content whilst in any parking space or on entering or leaving the parking space, whether such entry or exit is under the control of the vehicle driver, the Council or any third party.

Variation of Terms & Conditions

  1. By applying for or purchasing Visitor  Permits, the Resident:
    1. certifies that all the information that the Resident has given in the application process is correct;
    2. accepts the Council’s terms and conditions as varied from time to time; and
    3. agrees to be bound by and comply with the relevant Traffic Regulation Order which may be varied from time to time.

The Council reserves the right to amend these terms and conditions, application procedures and the relevant Traffic Regulation Orders and at any time.

  1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.