Terms and Conditions – Pay by Plate // Pay by Plate & ParkMate // ParkMate and ParkMate Guest

Terms and Conditions –
Pay by Plate // Pay by Plate & ParkMate // ParkMate and ParkMate Guest

1. Introduction to Terms and Conditions
These Terms and Conditions are applicable to a Car Park that operates by:
1.1 Pay by Plate; or
1.2 Pay by Plate and ParkMate; or
1.3 ParkMate and ParkMate Guest.

2. Acceptance of Terms and Conditions
2.1 By entering the Car Park and/or paying by making an online booking through the ParkMate App or ParkMate Guest web page, or by Pay by Plate, You agree to and accept these Terms and Conditions.
2.2 These Terms and Conditions apply from the moment You enter this Car Park or from the time You make an online booking through the ParkMate app or ParkMate Guest web page, whichever occurs first.
2.3 By entering the Car Park or by making an online booking, You also warrant and represent that You are authorised to bind the registered owner of Your Vehicle to these Terms and Conditions.
2.4 We may vary the Terms and Conditions, and any new Terms and Conditions will be binding on You, the Car Park User, upon publication on our website and in our Car Parks.

3. Definitions
3.1 Abandon, in relation to Your Vehicle, means:
3.1.1 leaving Your Vehicle unattended in the Car Park for an extended period without the intention of returning to remove it within the allowed time limit; or
3.1.2 when Your Vehicle is left in a Bay beyond the allowed time limit or in a manner that disrupts normal carpark operations, such as blocking access or occupying a Reserved Bay.
3.7 Authorised Parking (to Park) means having official permission or approval to park a Vehicle in a Bay at any of the Car Parks. Such authorisation can be granted through a booking on the ParkMate app or on the ParkMate Guest web page.
3.8 Breach Notice or Notice means a formal parking enforcement notification issued to a vehicle owner or driver who has violated our Terms and Conditions.
3.9 Car Park means a car park owned, leased, or managed by Wilson Parking New Zealand Limited, where the right to use the car park is managed via by Pay by Plate or ParkMate or ParkMate Guest.
3.10 Car Park Bay / Bay / Space means a designated, reserved or unreserved parking space within any one of the Car Parks, typically marked by lines or boundaries, where a single vehicle can be parked.
3.11 Car Park User means the registered owner and/or the driver of a Vehicle entering the Car Park and includes the purchaser of parking services.
3.12 Car Park User Access Hours means the hours the Car Park User may access the Car Park, as displayed in the Car Park or on our websites.
3.13 Claim means and includes any claim for Damage, loss, or compensation, and any demand, remedy, liability, or action.
3.14 Clamp(ing)(ed) means the immobilisation of a Vehicle parked unlawfully, as defined by Our Terms and Conditions, by attaching an enforcement device to one of its wheels.
3.15 Completed Payment means ensuring that You have made the appropriate payment and completed a transaction in one of Our systems for the parking Session.
3.16 Customer means, the driver of a Vehicle entering the Car Park, and also includes the purchaser of parking services using the ParkMate app or ParkMate Guest web page.
3.17 Damage means and includes any direct, indirect, consequential, and special damage.
3.18 Designated bay / space means a Car Park Bay for You / Customer to use for a particular purpose.
3.19 Electronic Pass means, a valid active Session for a Car Park Space, operating through the Onsite Pay by Plate Machine, the ParkMate app, or ParkMate Guest web page.
3.20 Line Marked Parking Bay means a parking Space within a Car Park that is defined by painted lines on the ground indicating the boundaries of each parking Space.
3.21 Mobility Bay means a designated parking Space within a Car Park, marked with a wheelchair symbol, reserved for people with disabilities or those with mobility impairments who hold a valid legal permit to use a Mobility Bay.
3.22 Mobility Bay Breach Fee means a sum of no greater than $250 when You park in a designated mobility parking space without the required Mobility Bay Window Pass.
3.23 Mobility Window Pass means a valid legal permit or identification badge clearly displayed in a Vehicle’s window to indicate that the driver or passenger is authorised to use a Mobility Bay.
3.24 Notice – see Breach Notice
3.25 Onsite Pay by Plate Machine means, the machine that is located onsite at the pay by plate Car Park by which You, the Customer, can select and purchase a parking product from the Car Park in which the machine is located.
3.26 Outstanding Debt means and includes any and all unpaid parking fees and/ or unpaid Breach Notices.
3.27 Pay by Plate Car Park means a ticketless parking facility where Customers pay for their parking by entering the Vehicle’s licence plate number into a payment machine or mobile app.
3.28 ParkMate app / Mobile app means a smartphone application parking facility where Customers are able to pay for their parking without having to use a pay machine or display a ticket on the windshield.
3.29 ParkMate Guest web page means an online, one-off-web-based parking payment portal, via a mobile where Customers are able to ‘pay-on-the-go’.
3.30 Pre-paid means the purchase of a parking product in advance, through a payment machine, Mobile app or web page where payment is made by the Customer before the parking period begins.
3.29 Post-paid means a parking product where the Customer pays for parking after the Session ends, based on the actual time parked using a payment machine, booth or Mobile app.
3.30 Registration means a Vehicle registration certificate issued by the New Zealand Transport Agency (NZTA).
3.31 Relevant Laws and Regulations mean all legal rules and guidelines established by local, regional or national authorities that govern how the Car Park should be used including, but not limited to, traffic and parking regulations, health and safety regulations, privacy laws and contractual agreements.
3.32 Reserved Bay means a designated Car Park Bay, at the specified Car Park, set aside exclusively for You / Customer.
3.33 Session means the time, which can be either pre-paid or post-paid, purchased at the Onsite Pay by Plate Machine, or the ParkMate app or ParkMate Guest web page, by which a right to use a Car Park Space can be purchased and used based on a start time and expiry time.
3.34 Surcharge or Electronic Transaction Fee means an additional amount where You select a payment method by means of credit card or contactless debit card. This amount is reflected on our signage and our website. An Alternative Payment Method is available via our website www.pesnz.co.nz/payments
3.35 Terms and Conditions means these Terms and Conditions, as amended from time to time by us.
3.36 Tow(ing)(ed) means the removal of a Vehicle that is parked unlawfully, according to these Terms and Conditions, and its transportation to a designated storage area at the owner’s expense.
3.37 Valid Parking Right means the legitimate authorisation / permission to park a Vehicle in a specific area of a Car Park.
3.38 Vehicle refers to any device driven or propelled on roads or public pathways to transport people or goods, including motor vehicles, motorcycles, and scooters, powered by motor or electric battery, along with its accessories and contents. 'Your Vehicle' refers to the vehicle You enter the car park in, regardless of ownership or registration.
3.39 We, our, and us means as the context permits, ParkMate Limited and/or Parking Enforcement Services, a division of Wilson Parking New Zealand Limited, and includes any of Wilson Parking New Zealand Limited’s employees, agents, and independent contractors.
3.40 You and Your is a reference to You, the Customer.
3.41 Warrant of Fitness (WoF) means the mandatory certification to confirm a Vehicle has met the required safety standards at the time of inspections.

4. Payment Terms and Process
To ensure a Valid Parking Right applies, You agree to follow and complete the payment process set out below and adhere to these Terms and Conditions, which apply 24 hours a day, 7 days a week. You agree :
4.1 when using any of our Pre-Paid Car Parks such as Pay by Plate, ParkMate and ParkMate Guest, payment must be made immediately upon parking Your Vehicle. Payment cannot be made only when You are ready to leave the Car Park.
4.2 where using a Pre-Paid Car Park, failure to pay upon parking constitutes a breach of these Terms and Conditions.
4.3 it is Your responsibility to ensure an active Session is operational while Your Vehicle is using the Car Park Space at a Car Park, and:
4.3.1 should You use a Pay by Plate Car Park, Your parking Session has an expiry date and time, and it is Your responsibility to monitor Your parking Session and leave by the appropriate time prior to expiry.
4.3.2 should You use the ‘casual function’ of the ParkMate App and ParkMate Guest Web Page or Mobile App bookings that allows users to manually start and stop a parking Session, it is Your responsibility to stop Your parking Session on leaving the Car Park. You will be responsible for paying all parking charges post departure if You fail to end the active Session.
4.3.3 Should You use the ParkMate and ParkMate Guest Web Page or Mobile App bookings and select a Pre-Paid parking product, Your parking Session has an expiry date and time, it is Your responsibility to monitor Your parking Session and leave by the appropriate time prior to expiry.

5. Parking Compliance Rules
5.1 You agree to observe and conform to all rules or directions displayed in the Car Park and to comply with all Relevant Laws and Regulations relating to the use of the Car Park and agree:
5.1.1 not obstruct other persons or vehicles using the Car Park and
5.1.2 You agree not to Abandon Your Vehicle in the Car Park;
5.1.3 not park in any Car Park Bay marked ‘reserved’ unless You possess a legal licence or lease to park in that Car Park Bay, and
5.1.4 not park in any area marked ‘no parking’ or outside of the Line Marked Parking Bays;
5.1.5 not park in a Mobility Bay without a current Mobility Window Pass displayed;
5.1.6 not park in any Bay unless You have Completed Payment and hold a Valid Parking Right; and
5.1.7 not park in any Bay unless You have been Authorised to Park in that Car Park Bay; and
5.1.8 use the Car Park only during the Car park User Access Hours.
5.2 You warrant that Your Vehicle has a current Warrant of Fitness and Registration, is roadworthy and can be driven under its own power and will not present any danger or risk to other vehicles or persons or the Car Park.

6. Default of Payment
6.1 You must not park Your Vehicle at the Car Park using a Post-Paid method if You knowingly do not have sufficient funds to pay for the Post-Paid parking product.
6.2 In the event that Your credit card transaction declines or dishonours, we reserve the right to re-process the transaction and charge an additional fee of $30 in respect of our administrative costs in re-processing the transaction.
6.3 You acknowledge and understand that the above terms are reasonably necessary to cover our reasonable costs of administration and to protect our legitimate business interest.

7. Electronic Pass
7.1 You may use the Onsite Pay by Plate Machine, or ParkMate app or ParkMate Guest web page to purchase an Electronic Pass for a parking Session. The Electronic Pass is valid for the entire duration of Your Vehicle’s parking Session.
7.2 When You purchase an Electronic Pass, You are granted the right to use a Car Park Space at the Car Park.
7.3 It is Your responsibility to correctly identify Your Vehicle, select the right parking product, and manage the duration of the parking Session.
7.4 You may amend or extend a Session by either using the Pay by Plate Machine or, where applicable, through the ParkMate app or ParkMate Guest web page.

8. Breach Notices
8.1 If You breach these Terms and Conditions, You agree that Your parking is unlawful and unauthorised. We may issue a Breach Notice by post or email, requiring payment of a Breach Fee of up to $85. For breaches of clause 5.1.5 (failure to display a valid mobility pass in a mobility bay), a Breach Fee of up to $250 applies. Payment is due within 21 days of the Breach Notice date.
8.2 This Breach Fee represents the reasonable costs of enforcing these Terms and Conditions.
8.3 If You are issued with a Breach Notice and You do not pay the sum specified in that Breach Notice within 21 (twenty-one) days of the date of the Breach Notice, then we will send a reminder Breach Notice, and You agree to pay the further sum of $20.00, being our reasonable administrative costs in sending the second notice (Reminder Notice).
8.4 A Surcharge will apply if You choose to pay by credit card or contactless debit card. You can make an online payment without the Surcharge using our payment portal www.pesnz.co.nz/payments.
8.5 If You are issued a Reminder Notice, and You do not pay the sums specified within 7 (seven) days of the dates of the Reminder Notice, You agree that:
8.5.1 we may use a debt collection agency to enforce payment of the sums owing by You, together with the cost of such debt collections; and
8.5.2 You will be liable for any costs and expenses incurred by us to enforce payment of the money owing by You, including our solicitor / client costs.
8.6 If You wish to appeal any Breach Notice You have been issued or sent, please visit www.pesnz.co.nz/appeals.
8.7 You acknowledge and understand that the above Terms are necessary to cover our enforcement and administration costs and to protect our business interests by ensuring compliance with the Terms and Conditions.

9. If Your vehicle is Clamped or Towed
9.1 You agree that we may Clamp or Tow Your Vehicle from the Car park at Your own risk and expense, if:
9.1.1 You breach any of these Terms and Conditions, as an alternative to us issuing You with a Breach Notice; or
9.1.2 Your Vehicle has been used or parked in a manner that has repeatedly breached these Terms and Conditions; and / or
9.1.3 has multiple outstanding Breach Notices in anyone of our Car parks; and / or
9.1.4 one or more outstanding Breach Notices have been issued in relation to Your Vehicle and any of those Breach Notices have been outstanding for 35 (thirty five) or more days.
9.2 If Your Vehicle is Clamped, You agree to payment of the prescribed $100 amount (section 98C of the Land Transport Act 1998) for the removal of the clamp.
9.3 If Your Vehicle is Towed, You agree that we may hold Your Vehicle until the Outstanding Debt, plus any fees under clause 9.5, have been paid in full;
9.4 If You do not pay the Outstanding Debt, plus any fees under clause 9.5 within 28 (twenty-eight) days of Your Vehicle being Towed, You accept the risk that the towing company may sell Your Vehicle in order to offset the Outstanding Debt and the costs that it has incurred that are associated with Your breach.
9.5 If Your Vehicle is Clamped or Towed, You agree that Your Vehicle will be released only upon payment of the release fee and/or the release fee from the towing company including any storage fees in addition to payment of any Outstanding Debt owed by You to us.
9.6 You acknowledge and understand that the above Terms are necessary to cover our enforcement and administration costs and to protect our business interests by ensuring compliance with the Terms and Conditions.
9.7 In the event Your Vehicle has been Clamped and/or Towed, call ParkWatch at 09 375 5056.

10. Responsibility for Damage and Injury
10.1 You agree that You will be liable for any Damage to the Car Park caused by You or Your Vehicle.
10.2 Your Vehicle will remain solely at Your own risk and is Your sole responsibility while it is in the Car Park.
10.3 While we shall take all reasonable care, we cannot guarantee the security of Your Vehicle or its contents.
10.4 Except to the extent provided by the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise at law, our liability for any Claim by You or any other persons, including (but not limited to):
10.4.1 any Claim for loss or Damage to Your Vehicle; or
10.4.2 for loss or Damage to the contents of Your or any other Vehicle; or
10.4.3 resulting from using the Car Park or being unable to use the Car Park; or
10.4.4 for negligence or personal injury or otherwise,
will be limited, at our discretion, to providing a refund of the specific parking fee paid by You for the parking service giving rise to the liability.
10.5 We accept no liability for any loss or Damage to any article left in our custody or control. Our personnel are not authorised to accept any of Your possessions for safe custody, except the We are not liable for any loss or Damage to items left in our custody or control. Our staff are not authorised to accept any of Your belongings for safekeeping, except for Your Vehicle keys, and only when we specifically request possession of them.
10.6 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 acting on Your instructions, implied or otherwise, or under Your authority.
10.7 You acknowledge and understand that the above Terms are necessary to cover our enforcement and administration costs and to protect our business interests by ensuring compliance with the Terms and Conditions and appropriate allocation of risk between parties.

11. Miscellaneous
11.1 In the event Your Vehicle is in breach of these Terms and Conditions, You agree to provide us with Your full name and address if asked by us.
11.2 We may obtain the registered owner's name and address from the motor vehicle register and share it with third parties for debt recovery purposes under these Terms and Conditions, even if You or the owner has opted out of providing this information.
11.3 If You are not the registered owner of Your vehicle, We may request Your name and contact details from the registered owner if You breach these Terms and Conditions. You authorize the registered owner to provide this information to us for this purpose.
11.4 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.
11.5 No one is authorised to amend or waive these Terms and Conditions or amend or waive any Breach Notices issued for any breach of these Terms and Conditions by You or make representations on our behalf (unless confirmed by Us in writing).
11.6 We may use licence plate recognition (LPR) in the Car Park to monitor compliance with these Terms and Conditions. If requested, You agree to provide Us with Your Vehicle licence plate recognition (LPR) details when obtaining Your parking ticket or window pass or when making an electronic payment.
11.7 We may use visual and audio surveillance and recording equipment in and around the Car Park for the purpose of protecting our lawful interests, and for protecting the safety or our employees, agents and contractors and Our Customers.
11.8 By having accepted our Terms and Conditions, You acknowledge our Privacy Policy. Our Privacy Policy sets out how We collect, use, store and disclose personal information. To view our Privacy Policy please visit www.wilsonparking.co.nz/legal-information/privacy-policy