General Terms and Conditions for appealaparkingticket.co.uk

Definitions:

In these Terms and Conditions the following words shall have the following meanings:

“COMPANY” means Parking Appeals, appealaparkingticket.co.uk or MASROCK Ltd

“CUSTOMER” means you, an individual person or someone representing a company who may use the COMPANY services by agreeing to these license terms and conditions

“AUTHORITY” means any UK Local Authority, Private Parking company, Debt Recovery company, Bailiff company, Independent Parking Appeal Adjudicator, Solicitor or Traffic Enforcement Centre

“AGREEMENT” means any agreement to which these Terms and Conditions are annexed or by which they are incorporated by reference (including any quote or relevant pricing supplied by the COMPANY to the CUSTOMER) as amended from time to time, whether evidenced in writing, by email or fax or executed by the COMPANY web site; any reference to the ” AGREEMENT” shall include a reference to these terms and conditions

“TERM” means a period of time that COMPANY is managing any appeal on behalf of CUSTOMER beginning with the date the CUSTOMER accepts the terms and conditions

“VEHICLE” means a ‘vehicle’ or ‘vehicle registration details’ given by CUSTOMER in relation to an appeal

“DOCUMENTATION” means any information, written statement or verbal account, email, fax, photo, video, invoice or any other supporting documentation supplied directly by CUSTOMER or person authorised to do so by CUSTOMER, or any documentation issued by COMPANY to be completed by CUSTOMER in relation to an appeal

“ADDRESS” means an address supplied by you the customer or an address for the service supplied by the COMPANY to receive any DOCUMENTATION

“APPEAL FEE” means a sum payable by CUSTOMER to COMPANY in relation to COMPANY completing documentation and/or making representations on behalf of, in consent of, or in conjunction with CUSTOMER to any AUTHORITY in relation to an appeal

1. Prior agreement, representations and formation of contract:

1.1. This AGREEMENT replaces any previous agreements of whatever nature in relation to the services

1.2. This AGREEMENT shall constitute the entire agreement between the parties in relation to the management system, and any former representations (of any kind, written, verbal or otherwise) shall be superseded by the AGREEMENT

1.3. No warranties or statements made by the COMPANY prior to execution of the AGREEMENT forms any part of the AGREEMENT

1.4. COMPANY shall be entitled to amend any provision or clause of the AGREEMENT at any time whatsoever and without the prior consent of the CUSTOMER where such amendment is required for regulatory, insurance, or statutory reasons or to comply with any such requirement upon any third party upon whom the COMPANY relies for the provision of the management system

2. Duration:

2.1. The AGREEMENT shall be in place until terminated be either parity

2.2. The period of the AGREEMENT is equal to the TERM unless specified otherwise by COMPANY

3. Termination:

3.1. The COMPANY may terminate the AGREEMENT with immediate effect in the event that:

3.1.1. COMPANY believes that the CUSTOMER is, has been or is about to allow the COMPANY services to be used for any unlawful purpose, to encourage any behavior or conduct which is carried out would be unlawful or for any other purpose prohibited under the AGREEMENT; or

3.1.2. The CUSTOMER threatens or appears to be about to fail to adhere to the terms of the AGREEMENT; or

3.3. Either party may terminate the AGREEMENT in the event that:

3.3.1. The other party has committed a breach of the AGREEMENT, and fails to remedy said breach within 30 days of a notice requiring it to do so; or

3.3.2 The other party takes any steps to wind up, dissolve or appoint a Receiver, Administrative Receiver

3.4. Termination of the AGREEMENT shall be without prejudice to the rights and obligations accruing up to and including the date of termination

4. Services provided by the COMPANY

4.1. The COMPANY main service includes but is not limited to provide parking ticket appeal services against Penalty Charge Notices or parking tickets which have been issued to CUSTOMER by a UK Local Authority or private company

4.1.2 The COMPANY provides information only and is to be used solely for management of Penalty Charge Notices which have been issued to CUSTOMER vehicle

In relation to an appeal submitted by a CUSTOMER:

4.1.3. The COMPANY provides an appeal service based on the DOCUMENTATION supplied by CUSTOMER and because the COMPANY is solely dependent on the accuracy of DOCUMENTATION supplied by the CUSTOMER, the COMPANY accepts no liability for the accuracy of contents in any appeal submitted to any AUTHORITY

4.1.4. The COMPANY will use its sole discretion when submitting an appeal for CUSTOMER as to which ADDRESS will be used when corresponding to any AUTHORITY

4.1.5. The COMPANY cannot and has not made any guarantees as to the outcome of any appeal submitted to AUTHORITY or of the probability of success or otherwise of bringing forth any appeal, therefore CUSTOMER accepts that COMPANY cannot be held responsible for any failure of an appeal for whatever reason

4.1.6. The CUSTOMER understands that COMPANY only provides information and does not give legal advice of any nature or in any form or otherwise and to that end CUSTOMER agrees to obtain advice from a lawyer or adviser before making any decision if in doubt about what to do

4.2 Money Back Guarantee:

4.2. The COMPANY in its sole discretion will provide appeal services on behalf of CUSTOMER to the AUTHORITY by email, phone, fax, post or other means it deems necessary to perform the services

4.3. The COMPANY will endeavor in its reasonable capacity to create an appeal letter on behalf of CUSTOMER based solely on DOCUMENTATION provided to it by

4.3.1. The COMPANY may use a management system to register DOCUMENTATION provided by CUSTOMER and to make a best estimate as whether to submit an appeal for CUSTOMER to send to the AUTHORITY

4.4. Once the COMPANY is in receipt of DOCUMENTATION from the CUSTOMER it will decide in its sole discretion whether to submit an appeal on behalf of CUSTOMER or not

4.5. The COMPANY will only submit an appeal letter for a VEHICLE registered by CUSTOMER

4.6. In relation to the Money Back Guarantee, the CUSTOMER acknowledges that:

4.6.1. The COMPANY is not responsible for the accuracy of any DOCUMENTATION submitted to it by the CUSTOMER

4.6.2. Because the COMPANY is solely dependent on the accuracy of DOCUMENTATION supplied by the CUSTOMER, it accepts no liability for the contents of any subsequent letter of appeal or other communication made on behalf of CUSTOMER to any AUTHORITY

4.6.3. The COMPANY should not be relied upon as an authorised body representing the law or as a source of legal advice. CUSTOMER understands that if they think they have a legal problem, they should obtain advice from a lawyer or adviser before making any decision about what to do

4.6.4. By accepting this AGREEMENT the CUSTOMER authorises COMPANY to either act on its behalf or use the details supplied to represent the CUSTOMER in respect of any contact with an AUTHORITY and to use its sole discretion as to whether an appeal should be submitted to any AUTHORITY

4.7. In relation to an appeal sent on behalf of a CUSTOMER:

4.7.1. The COMPANY cannot and has not made any guarantees as to the outcome of any appeal or of the probability of success or otherwise of bringing forth any appeal, therefore CUSTOMER accepts that COMPANY cannot be held responsible for any failure of an appeal for whatever reason

4.7.2. In the event of an appeal submitted by COMPANY being rejected by an AUTHORITY the CUSTOMER then becomes liable for payment of that penalty and COMPANY will use its discretion as to whether to continue pursuing the appeal to a higher appeal or review stage that may be available

4.7.3. The CUSTOMER is at liberty at any time during an appeal (and before that appeal has been completed) to inform COMPANY that it wishes to cancel the appeal and pay the relevant penalty, charges or costs of that appeal. CUSTOMER agrees to submit any such request to COMPANY via email however COMPANY will not be liable to refund any APPEAL FEE and the Money Back Guarantee will not be applicable

4.7.4. In the event of an appeal being submitted by COMPANY on behalf of the CUSTOMER and that appeal subsequently being rejected by an AUTHORITY the COMPANY will not be liable for payment of any costs charges or penalties requested by the AUTHORITY

4.7.5. The COMPANY will not be liable for any unpaid charges or costs awarded by an AUTHORITY, court or other authorised body in respect of any dismissed appeal resulting in but not limited to Charge Certificates, Order for Recovery, Witnes Statement, county court debt or actions of any Bailiff

4.7.6. In the event of an appeal submitted by COMPANY on behalf of the CUSTOMER and that appeal subsequently being rejected by an AUTHORITY the COMPANY will not be held liable for any costs awarded by the AUTHORITY on the grounds of frivolous, vexatious or wholly unreasonable conduct in bringing the appeal

4.7.7. In the event of an appeal submitted by COMPANY on behalf of the CUSTOMER and that appeal subsequently being rejected by an AUTHORITY the CUSTOMER agrees that they are liable for payment of any penalties, fines, costs or any other payments instructed to be paid by the AUTHORITY

4.8. In relation to fees payable to COMPANY by CUSTOMER:

4.8.2. By accepting this AGREEMENT and if applicable, the CUSTOMER agrees to pay the APPEAL FEE requested by COMPANY to complete any services including by not limited to creating an appeal letter or letters for submitting to any AUTHORITY. APPEAL FEE will be notified to CUSTOMER in advance on COMPANY website, by email, post or fax before any such services are undertaken by COMPANY

4.8.2. By accepting this AGREEMENT and if applicable, the CUSTOMER agrees that for the COMPANY to complete an appeal on behalf of the CUSTOMER the AUTHORITY may impose a court fee or other administration fee to complete any services including by not limited to submitting an appeal or review request to that AUTHORITY.

4.8.3. In the event of an appeal submitted by COMPANY on behalf of the CUSTOMER and that appeal subsequently being rejected by an AUTHORITY the COMPANY will request CUSTOMER to forward to COMPANY all DOCUMENTATION in relation to the appeal

4.8.4. In the event of an appeal submitted by COMPANY on behalf of the CUSTOMER and that appeal subsequently being rejected by an AUTHORITY the COMPANY will in its sole discretion refund APPEAL FEE once COMPANY has received any requested DOCUMENTATION in relation to the appeal

4.8.4.1. COMPANY is not liable to refund APPEAL FEE if DOCUMENTATION has not been submitted or the DOCUMENTATION submitted to COMPANY is not identical to any DOCUMENTATION previously submitted to COMPANY or onto COMPANY management system

4.8.4.2. COMPANY is not liable to refund APPEAL FEE if DOCUMENTATION submitted to COMPANY is inaccurate, illegible, misleading, knowingly or unknowingly incorrect or has been changed since being previously submitted to COMPANY or onto COMPANY managment system

4.8.5. In the event of an appeal being submitted by COMPANY on behalf of CUSTOMER and it is subsequently found that DOCUMENTATION supplied by the CUSTOMER to COMPANY is found in any way to be innacurate, containing erros, misleading, knowingly or unknowingly incorrect or contradictory to any video, photo, written or other evidence presented by any AUTHORITY the Money Back Guarantee will cease to be applicable and the APPEAL FEE will not be refundable to CUSTOMER by COMPANY

4.8.6. In the event of an appeal being submitted by COMPANY on behalf of the CUSTOMER and CUSTOMER cancels the appeal for any reason by paying the AUTHORITY before COMPANY has completed the appeal process the Money Back Guarantee will cease to be applicable and the APPEAL FEE will not be refundable to CUSTOMER by COMPANY

4.8.7. In the event of an appeal being submitted by COMPANY on behalf of CUSTOMER and it is subsequently found that any DOCUMENTATION sent by the AUTHORITY to CUSTOMER was not forwarded to COMPANY within a resonable timescale or before the time limit imposed by the AUTHORITY for the appeal to continue the Money Back Guarantee will cease to be applicable and the APPEAL FEE will not be refundable to CUSTOMER by COMPANY

4.8.8. In relation to an appeal submitted by COMPANY on behalf of CUSTOMER and any DOCUMENTATION requiring checking, signing or any other direction requested to do by COMPANY has not been completed by CUSTOMER within a reasonable timescale or before the time limit imposed by the AUTHORITY for the appeal to continue the Money Back Guarantee will cease to be applicable and the APPEAL FEE will not be refundable to CUSTOMER by COMPANY

4.9. In relation to fees payable to CUSTOMER by COMPANY:

4.9.1. Subject to CUSTOMER fulfilling all the terms of this AGREEMENT and in the event of an appeal or letters being submitted by COMPANY and that appeal being subsequently rejected by a UK Independent Parking Appeal Adjudicator or by COMPANY exhausting all appeal options available then the APPEAL FEE paid will become due and payable by COMPANY to CUSTOMER

5. Limitation of liability & indemnity

5.1. Save in the event of death or personal injury or as set out in the AGREEMENT neither party shall be liable to the other or to any third party for any direct, indirect or consequential losses or damages whatsoever whether in contract, tort or otherwise (including negligence). Reference in this clause to “direct, indirect or consequential losses or damages” shall include any economic loss including (but without this list being exhaustive) without limitation any direct or indirect loss of profits, anticipated profits or savings, business, contacts, revenue, time or goodwill or any loss or damages of whatever nature including (but without this list being exhaustive) loss of data or equipment other than intentional damage by COMPANY whilst on the customer’s property

5.2. Save as expressly set out in the AGREEMENT, all warranties whether express or implied are specifically excluded from the AGREEMENT

5.3. The CUSTOMER holds harmless, indemnifies and keeps indemnified COMPANY and COMPANY’s parents, subsidiaries, affiliates, officers, shareholders and employees in respect of all liabilities, regulatory fines or penalties, costs (including legal costs and disbursements), losses and expenses arising (directly or indirectly) out of:

5.3.1. The use or misuse of the Services by the CUSTOMER or any third party;

5.3.2. Any claim or demand (including any made by a third party) arising out of use of the Services by a third party;

5.3.3. A breach or allegation of breach of the AGREEMENT by the CUSTOMER or a third party;

5.3.4. Any negligence, misconduct, or any allegation of negligence or misconduct by CUSTOMER or a third party;

5.3.5. Any unlawful action, criminal act, libelous or slanderous statement, breach of Intellectual Property of COMPANY or a third party whatsoever;

5.3.6. Any other act committed by CUSTOMER causing loss or damages (including damage to reputation) sustained by COMPANY

5.3.7. The use of services by COMPANY on behalf of CUSTOMER to appeal any parking ticket submitted by CUSTOMER

5.4. In the event of a breach of the AGREEMENT by COMPANY, COMPANY shall have 30 days in which to remedy such breach

5.5. Each of the provisions of the AGREEMENT are constructed and shall be construed independently of one another and applying and surviving even if one or more of the other provisions or clauses is held incapable, unreasonable or void

MASROCK Ltd, PO BOX 81, Swanscombe, Kent DA10 9DG