PARKUBE - Terms and Conditions

2.1. By accessing or using any part of our Services, including but not limited to:

• (a) Entering and using a car park managed by PARKUBE where signage displaying these Terms or key conditions is present; or
• (b) Creating an account on parkube.com or through the Parkube App; or
• (c) Downloading, accessing, or using the Parkube App; or
• (d) Making a payment for parking through our Services,

you agree to be bound by these Terms and our Privacy Policy (available at Privacy Policy), which is incorporated herein by reference. These Terms form a legally binding contract between you and Parkube Limited.

2.2. If you do not agree to all of these Terms, you must not use any of our Services.

2.3. Important Notice for Car Park Users: The act of entering a PARKUBE-managed car park constitutes acceptance of the parking contract terms displayed on the signage at the car park entrance and within the car park, which are supplemented and further detailed by these online Terms and Conditions. Please ensure you read the signage carefully before entering and parking.

"Account" means the user account created by you to access certain features of our Services;

"ANPR" means Automatic Number Plate Recognition technology used to identify vehicles entering and exiting car parks;

"Auto Top-up" means the feature allowing you to pre-authorise PARKUBE (via your payment card) to automatically add a pre-set amount of funds to your PARKUBE Account balance from your saved payment method when your balance falls below a specified threshold;

"Car Park" means any parking facility managed by PARKUBE where our Services are offered;

"Hire Vehicle" means any hire, short-term rental or borrowed vehicle which is not owned by you, but which is temporarily used by you with the consent of the legal owner;

"Parking Charge Notice" (PCN) means a notice demanding payment of a parking charge issued for a breach of these Terms or the terms displayed on signage at a Car Park;

"Parking Session" means the period a vehicle is parked in a Car Park, as determined by our ANPR system or other means;

"Payment Window" means the time interval between exiting a Car Park and the deadline for payment as set out in Clause 5.4;

"VRM" means Vehicle Registration Mark (license plate);

"You" "Your" and "Yours" is a reference to and includes the individual customer, organisation or business using the Services.

4.1. Creation: To use certain features, you may be required to create an Account. You agree to provide accurate, current, and complete information during the registration process (including a valid email address and VRM(s) as mandatory fields) and to update such information to keep it accurate, current, and complete.

4.2. Responsibilities: You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately at [email protected] of any unauthorised use of your Account. We reserve the right to refuse service or terminate an account if we suspect unauthorised persons are attempting to access them.

4.3. Accuracy of VRM: You are solely responsible for ensuring the accuracy of any VRM entered into your Account or for one-off payments. PARKUBE may use information held by the DVLA to help verify vehicle details, but ultimate responsibility for accuracy lies with you. Incorrect VRM entry may result in one or more PCNs being issued or inability to pay for the correct vehicle.

4.4. The parkube.com website or any part of it or the Parkube App may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via parkube.com or the Parkube App will be available at any particular time or that your access will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the Website or App or the services for any reason.

5.1. Contract Formation: A legally binding parking contract is formed between you (the driver) and Parkube Limited when you enter a PARKUBE-managed Car Park. The terms of this contract are displayed on signage at the entrance and within the Car Park and are supplemented by these fuller Terms and Conditions. By entering the Car Park, you accept these terms.

5.2. ANPR System: Our Car Parks use ANPR to record your vehicle's entry and exit information, thereby calculating the duration of your Parking Session. You consent to the capture and processing of images of your vehicle and VRM for this purpose and as detailed in our Privacy Policy.

5.3. Obligation to Pay: You agree to pay the applicable parking fees for your Parking Session, as displayed on signage at the Car Park and/or within the Parkube App or on parkube.com.

5.4. Payment Window: Payment for a Parking Session must be made before midnight, two (2) calendar days after the day your vehicle exits the Car Park (e.g., if you exit on a Monday, payment is due by 23:59 on Wednesday). Failure to pay the full sum due within the Payment Window renders you liable to a PCN.

5.5. Compliance with Car Park Rules: You agree to comply with all rules and instructions displayed on signage within the Car Park, including but not limited to parking within marked bays, not obstructing other vehicles or access ways, and adhering to any specific zone restrictions such as motorcycle bays or blue badge parking bays.

5.6. Vehicle Condition & Security: You park your vehicle at your own risk. PARKUBE is not liable for any loss or damage to your vehicle or its contents, except where caused by our negligence or breach of statutory duty. We do not accept custody of vehicles. In the event of theft of vehicle or its contents, immediately inform the police and notify your insurers promptly.

5.7 Abandoned Vehicles: We are entitled to regard as abandoned any vehicle left in the Car Park for more than 28 days without prior notification and which is not known by us to be covered by a current valid season or other ticket or booking. We reserve the rights to engage and/or permit a lawful authority to remove (or where we are unable to identify the current legal registered keeper of the vehicle, to take steps ourselves to remove) and to dispose of as waste or sell any abandoned vehicle. Before proceeding with the disposal or sale of abandoned vehicles we will:

• a) refer the matter to the appropriate authorities, which may include the local police and the DVLA; and
• b) affix a notice to the vehicle at least 7 days before the date on which we propose to remove the vehicle stating that the vehicle will be removed and sold when that period expires.

Abandoned vehicles will be disposed of as waste or sold by auction at the discretion of PARKUBE. Where sold by us, the proceeds of sale will be applied in and towards satisfaction of all sums owing to us together with the expenses of sale and our reasonable storage and removal costs for the period during which the vehicle is in our possession.

6.1. Payment Methods: Payments can be made via the Parkube App or parkube.com using payment methods accepted by our third-party payment processor (e.g., credit/debit cards, Apple Pay, Google Pay). By providing payment information, you authorise our third-party payment processor to process your payment. We do not accept American Express due to the disproportionate card fees that they charge.

6.2. Parking Fees: Parking fees are calculated based on the duration of your Parking Session and the tariff applicable at the specific Car Park and at time of use. Tariffs are displayed on signage at the Car Park and may be available in the Parkube App or on parkube.com. All fees are inclusive of VAT unless stated otherwise.

6.3. Auto Top-up:

• (a) If you choose to enable Auto Top-up, you authorise PARKUBE (via our third-party payment processor) to automatically charge your saved payment method to add a pre-determined amount of funds to your PARKUBE Account balance (or the value outstanding for Parking Sessions, whichever is higher) whenever your balance falls below a user-defined threshold.
• (b) You can enable, disable, or modify your Auto Top-up preferences within your Account settings.
• (c) Notwithstanding the minimum top-up value that you specify, Auto Top Up will always seek to add sufficient funds to pay for any Parking Session which is outstanding at that point (even if still within the Payment Window).
• (c) You are responsible for ensuring your saved payment method for Auto Top-up is valid and has sufficient funds. Failed Auto Top-up attempts may result in an insufficient balance to cover Parking Sessions, leading to potential PCNs.
• (d) You expressly consent to our third-party payment processor storing your card details.

6.4. Sufficient Funds/Valid Payment: You are responsible for ensuring you have a valid payment method with sufficient funds to cover all parking fees and Auto Top-up transactions.

6.5. Payment Disputes: If you believe a payment has been made in error, please contact us at [email protected] with relevant details.

6.6 Hire Vehicles: When making payment for parking of a Hire Vehicle, you must identify the start and finish dates and times for which you were responsible for the vehicle. This ensures we only charge you for Parking Sessions that are your responsibility. It is your responsibility to complete these details and for their accuracy.

7.1. Issuance of PCNs: A PCN may be issued if you breach these Terms or the terms displayed on Car Park signage, including but not limited to:

• (a) Failure to pay in full for your Parking Session within the specified payment window (see Clause 5.4).
• (b) Parking in a manner that contravenes posted restrictions (e.g., parking outside a marked bay, in a restricted zone without authorisation).
• (c) Failure to maintain a sufficient balance in your Account to allow full payment to be taken within the Payment Window. For example, if relying on that balance for payment and Auto Top-up fails.

7.2. PCN Amount: The amount of the PCN will be £100, reduced to £60 if paid within 14 days or as stated on the PCN itself and on signage at the Car Park.

7.3. Appeals: If you receive a PCN, you have the right to appeal. Details of the appeals process is provided on the PCN and appeals are handled in accordance with the relevant Accredited Trade Association's Code of Practice (e.g., BPA or IPC).

7.4. DVLA Keeper Data: If a PCN remains unpaid, we may request the registered keeper details of the vehicle from the DVLA (or other relevant authorities) to pursue payment.

7.5. Debt Recovery: Unpaid PCNs may be passed to a debt collection agency for recovery. You may be liable for additional costs associated with debt recovery actions.

8.1. License: PARKUBE grants you a limited, non-exclusive, non-transferable, revocable license to access and use parkube.com and the Parkube App for your personal, non-commercial use in accordance with these Terms.

8.2. Prohibited Conduct: You agree not to:

• (a) Use the Services for any illegal or unauthorised purpose.
• (b) Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• (c) Attempt to gain unauthorised access to the Services or their related systems or networks.
• (d) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Parkube App or website.

8.3. Service Availability: We will use reasonable efforts to ensure the Services are available, but we do not guarantee uninterrupted access. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

All intellectual property rights in the Services, including the PARKUBE name, logo, trademarks, website content, app design, and underlying technology, are the property of Parkube Limited or our licensors. You are not granted any rights in or to such intellectual property except as expressly set out in these Terms.

Your use of the Services is subject to our Privacy Policy, available at Privacy Policy. By using the Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

Our Services integrate with or rely on third-party services (e.g., Stripe for payments, DVLA VES, getaddress.io, Google Analytics, Firebase). Your use of these third-party services may be subject to their respective terms and privacy policies. PARKUBE is not responsible for the practices of these third parties.

12.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2. WHILE WE USE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF OUR ANPR SYSTEMS, WE DO NOT GUARANTEE 100% ACCURACY. IT IS YOUR RESPONSIBILITY TO VERIFY YOUR PARKING SESSION DETAILS.

12.3. PARKUBE DOES NOT GUARANTEE THE AVAILABILITY OF PARKING SPACES IN ANY CAR PARK.

13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARKUBE LIMITED (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• (c) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
• (d) ANY OTHER MATTER RELATING TO THE SERVICES.

13.2. IN NO EVENT SHALL PARKUBE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (I) ONE HUNDRED POUNDS STERLING (£100) OR (II) THE AMOUNTS PAID BY YOU TO PARKUBE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law.

You agree to defend, indemnify, and hold harmless Parkube Limited, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your breach of these Terms, or (iii) your violation of any law or the rights of a third party.

15.1. By You: You may terminate your Account at any time by contacting us at [email protected] or through your Account settings, provided all outstanding fees are paid.

15.2. By PARKUBE: We may suspend or terminate your access to the Services or your Account, with or without prior notice, for any reason, including, without limitation, if you breach these Terms, for prolonged inactivity, or if we discontinue the Services.

15.3. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We do not accept liability for any cancellations, curtailments or damage otherwise caused to your vehicle or possessions by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions or technical problems to transport, closure or congestion of public transport links, cancellation or changes of schedules in relation to any scheduled business or personal travel plans and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of this contract with you is prevented or affected as a result of a force majeure event detailed in this clause 16 or such other circumstances beyond our or your control.

17.1. PARKUBE reserves the right to modify these Terms at any time. If we make material changes, we will provide you with notice in the manner of our choice, such as by posting the revised Terms on parkube.com and updating the "Last Updated" date, or by sending an email to the address associated with your Account.

17.2. Your continued use of the Services after such modifications become effective constitutes your acceptance of the revised Terms.

18.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18.2. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

We encourage you to contact us at [email protected] to resolve any disputes. We will attempt to resolve disputes amicably. For unresolved disputes relating to PCNs, the appeals process referenced on the PCN will apply.

20.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

20.2. Entire Agreement: These Terms, together with our Privacy Policy and any terms displayed on signage at Car Parks, constitute the entire agreement between you and Parkube Limited regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

20.3. All rights under the Contracts (Rights of Third Parties) Act 1999 are excluded.

20.4. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20.5. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without PARKUBE's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. PARKUBE may freely assign or transfer these Terms without restriction.

20.6. Notices: Any notices or other communications provided by PARKUBE under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to parkube.com or the Parkube App.

If you have any questions about these Terms, please contact us:

By email: [email protected]

By mail: Parkube Limited, The White House, Forge Hill, Lydbrook, England, GL17 9QS