Waiting list car park pass terms and conditions

Application

An application by the resident for a permit.

Car-free property

A property within a special area covered by an agreement made under Section 106 of the Town and Country Planning Act 1990; or a development area for which planning permission has been granted and there is a condition that the area is to be kept car-free.

Council

Brighton & Hove City Council.

CPZ

A controlled parking zone is an area listed in the relevant traffic regulation order.

DVLA

Driver and Vehicle Licensing Agency.

Permit

A resident’s parking permit issued by the council to the resident.

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 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 permit is 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.

Vehicle

A roadworthy, taxed and insured mechanically propelled vehicle (without trailer) with 3 or more wheels (not being an invalid carriage or motorcycle) which:

• has a maximum length of 6 metres
• has a maximum height of 2.25 metres (2.0 metres for car park use)
• has a maximum unladen weight of 2,540 kilograms
• is registered with the DVLA, or in the case of an initial temporary permit the vehicle will be registered with the DVLA within 3 months of the date the application is accepted by the council, in the name of the permit holder at the permit address

The use of the online application system to purchase residents’ parking permits is subject to the following terms and conditions.

1. It's an offence to give false or misleading information when applying for a permit for which an individual could be fined up to £5,000 and/or imprisoned.
2. The maximum number of permits that can be purchased per eligible resident is limited to 1 and the council has absolute discretion as to whether or not to issue a permit.
3. A permit may only be issued for the CPZ in which the permit address is situated.
4. A permit is not transferable from one person to another. A permit remains the property of the council and the permit holder must surrender the permit to the council if required to do so. A vehicle-specific permit is only valid for the vehicle shown on the permit.
5. A permit is not available for second or holiday homes or a car-free property.
6. A paper permit must be clearly displayed on the windscreen of the vehicle to which it relates so that the particulars on the permit are readily visible from the front near-side of the vehicle windscreen. Failure to display clearly a paper permit may result in the issue of a penalty charge notice notwithstanding that the permit holder has a valid permit for the vehicle.
7. A permit does not give the permit holder the right to park the vehicle outside the permit address, nor does it guarantee the availability of a parking space.
8. Any resident permit not received by a resident must be reported within 14 days from the date of the approval email or postage date.

1. The Permit Address must not be, or be part of, a car-free property.

   Any existing permits issued must be surrendered immediately or the council may revoke permits already issued.

1. A 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 shown on the permit during controlled hours (as displayed on the street signs, within the Zone specified on the permit).

   The vehicle must be parked within the markings of the permitted bays or spaces available.

2. A permit does not entitle a holder to park in off-street car parks, disabled bays, personalised disabled bays, car club bays, doctors bays, loading bays, pay and display only bays, suspended bays, housing estates or other private land, or on yellow lines or in any bay or location on or off-street that is not a permit holder only or shared use permit holders/pay and display bay.

   Failure to park legally may result in the issue of a penalty charge notice and removal of the vehicle.

3. The use of parking bays may be suspended by police officers, civil enforcement officers or duly authorised council officers at any time without notice. A permit is not valid in a bay where parking has been suspended.

   The fact that a bay or part thereof has been suspended will be indicated by yellow suspension signs. If a vehicle is so parked it may be relocated and a penalty charge notice issued. Civil enforcement officers or council officers can request to inspect parking permits at any time.

1. Charges for permits are as notified by the council on its website and other means of notification to the public and permit holders.

1. It's the responsibility of the permit holder to renew the permit on time. Any renewal reminders (letters, messages or emails) may be sent as a courtesy and are not a legal requirement.

   The permit holder remains fully responsible for permit renewal, regardless of whether they have or have not received a renewal reminder and to ensure that a valid permit is on display in the vehicle when the concessions afforded by a valid permit are to be claimed.

2. A permit holder may surrender their permit to the council at any time and must do so on the occurrence of any one of the following events:
   1. the address for the permit holder is no longer within the CPZ for which the permit was issued
   2. the permit holder ceasing to be the registered keeper of the Vehicle in respect of which the permit was issued
   3. the vehicle in respect of which the permit was issued was not of the class specified as being eligible for a permit or was adapted or used in such a manner that it is not eligible for such a permit. A new permit must be sought in the event of a change of vehicle
   4. the revocation of the designation of the parking place(s) to which the permit relates
   5. the issue of a replacement permit by the council
   6. the permit is mutilated, defaced, altered, or becomes illegible through fading, etc.
3. A permit holder who surrenders their permit may be entitled to a refund of part of the remaining value (if any) of the permit, subject to the council’s discretion.

4. As part of the council’s policy to prevent fraud and misuse of permits, proof of address and proof of vehicle ownership can be requested at any time after the issue of a permit.

   Failure to provide the council with the necessary information within 14 days of such a request may result in the cancellation of the permit.

5. If a permit is lost, stolen, destroyed, defaced or mutilated, the permit holder must notify the council’s parking service immediately and the permit will cease to be valid.

   A replacement permit will be issued for the unexpired period of the original permit and an administration fee will be charged.

6. The council reserves the right to cancel a permit where the permit holder is identified as a persistent evader of payments for contraventions of parking regulations or the council’s requirements in relation to use of permits.

   A permit holder can be classed as a ‘persistent evader’ if there are 3 or more recorded contraventions in respect of the same vehicle within 5 years, and the penalties due for these contraventions have either:

   1. not been paid in full
   2. not been represented or appealed against by the permit holder within the statutory time limits
   3. or the representations and appeals for the permit holder have been rejected and they have still not paid the penalties due in full
7. A permit is issued subject to the relevant traffic regulation orders which may be subject to change in the future.

1. Low-emission vehicles are vehicles where the CO2 emissions are recorded on the DVLA records for the vehicle as 110g/km or less.

   The council does not offer a discount for any diesel-fuelled vehicles even if the CO2 emissions are 110g/km or less.

2. Standard emission vehicles are vehicles where the CO2 emissions are recorded on the DVLA records as a:
   1. petrol vehicle producing between 111g/km - 165g/km CO2 emissions
   2. diesel vehicle producing up to 165g/km CO2 emissions
3. High emissions vehicles are a petrol or diesel vehicle producing 166g/km or more CO2 emissions.
4. The council will use DVLA records to ascertain a vehicle’s CO2 emissions to calculate the cost of a resident’s emissions-based permit.

1. If the permit holder is not able to use the vehicle for which the permit was issued, the permit holder may apply for a temporary permit during the validity of the permit to park a different vehicle for a maximum of 14 days in the same CPZ as follows:
   1. On up to 2 occasions during the duration of the permit; or
   2. If the permit is purchased quarterly, once during any quarterly period (subject to a maximum of 2 applications in any 12-month period)

If these provisions apply, then a temporary permit will be treated as if it was a permit.

When offered a resident permit your car park pass will automatically be cancelled and a resident permit will be issued. This will mean you can no longer park in the designated car park and must park on the street in the CPZ where you reside.

1. The council may use data collected in administering parking controls or schemes including data supplied in an application (or renewal) for a permit for the purposes of parking administration, management, and 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 the council’s privacy statement.

3. The council will investigate any cases of suspected fraud or misuse of the permit. If the council finds evidence of fraud or misuse it will suspend the permit and withdraw the facility to purchase permits.

   The council may also cancel permits already purchased, which may render the vehicle owner liable to pay a penalty charge and possible vehicle removal and storage fees.

   The council may also prosecute where they consider that fraud or intentional misuse has taken place.

4. The General Data Protection Regulation (GDPR) came into effect on 25 May 2018. The council may update the data protection clauses to ensure compliance with GDPR.

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.

1. By applying for or purchasing any type of permit, 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 together with any terms and conditions stated on the letter to which the permit is attached at the time of issue and
   3. agrees to be bound by and comply with the relevant traffic regulation orders 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 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.