Corporation Street Preston car park September 2008 Contract

The request was successful.

Dear South Tyneside Metropolitan Borough Council,

Further to FoI request FOI 13 13329 regarding Corporation Street Car Park.

In that request you mentioned you had a contract with ParkingEye dated September 2008.

1) Please provide a copy of that contract.

In that request, you mentioned that you do not hold information on numbers of parking charges issued. Alternative information may also be acceptable:

2) In the event you have a revenue split with ParkingEye, please provide details of the monthly amounts received from ParkingEye for 2012 and 2013.

Yours faithfully,

Alex Shipp

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp

 

Your FOI Request was received by South Tyneside Council on 20^th January
2014.

 

I write to confirm that a decision about your request will be made within
20 working days from the date we received your request.  Should there be
any delays or discrepancies with your request then this will be
communicated to you in due course.

 

If you have any further queries regarding this matter then please do not
hesitate to contact the FOI team on [1][South Tyneside Council request email] or 0191
424 6539 and quote the reference number FOI 14.13418

 

Regards

 

Information Governance

South Tyneside Council

 

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foi, South Tyneside Metropolitan Borough Council

2 Attachments

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Dear Mr Shipp

 

Please find attached the Council’s response to your Freedom of Information
Request.

 

Regards

 

John

 

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Central Library
Prince Georg Square
South Shields
Tyne & Wear
NE33 2PE

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

show quoted sections

foi, South Tyneside Metropolitan Borough Council

2 Attachments

This email has been classified as: NOT PROTECTIVELY MARKED

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp

 

Please find attached the Council’s response to your Freedom of Information
Request.

 

Regards

 

John

 

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Central Library
Prince Georg Square
South Shields
Tyne & Wear
NE33 2PE

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

show quoted sections

Dear South Tyneside Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of South Tyneside Metropolitan Borough Council's handling of my FOI request 'Corporation Street Preston car park September 2008 Contract'.

1. The 2008 contract makes no reference that it applies to Corporation St Preston car park. Please unredact all references to this car parks or confirm that the document contains no explicit references.

2. The document appears to be too heavily redacted. Please review the document and unredact as much as possible. Where whole sentences or paragraphs are redacted, please unredact as many words as possible. For instance, if a particular figure, percentage or sum is considered confidential, that figure could be redacted while the rest of the sentence is not.

Where whole paragraphs or sections still remain redacted, please provide as much information as possible in general terms about the redacted contents and also reasons for considering them to be confidential.

Please especially review the following sections to see if they should be unredacted.

a) The 'parking charge' definition. Any parking charges are public knowledge as they are displayed on signs at the car park.

b) Section 2.7 on signage. ParkingEye's standard conditions are 'install all signage within the car park at the Site(s), to notify users of the Site of the Services and the Products, after notification to the Customer prior to installation and that the same are authorised pursuant to Clause3.6, the costs of such signage to be borne by ParkingEye (the exact number of signs at each Site being at ParkingEye’s discretion) and the costs of any additional signs in excess of that
determined by ParkingEye shall be borne by the Customer.' This is therefore not confidential.

c) Delivery, Risk and Title, Records, Website ,Access to the sites, Termination, Dispute Resolution, Force majeure, Assignment and subcontracting, Notices, Severance, Third Party, Costs, No partnership or agency, No landlord and tenant, Waiver, Variation

parkingEyes standard terms for these are well known and as follows and cannot therefore be considered confidential and in any case large parts cannot be considered confidential.

17. ASSIGNMENT AND SUBCONTRACTING
17.1 Each Party is entering into this Agreement for its benefit and not for the
benefit of another person.
17.2 Neither Party shall assign or novate this Agreement whether in whole or in part
without the prior written consent of the other Party (such consent not to be
unreasonably withheld, conditioned or delayed) provided that either party may
assign or novate this Agreement to a purchaser of the whole or substantially the
whole of the business of that party.
17.3 In the event of the purchase of the whole or substantially the whole or a
substantial part of the business of the Customer as a going concern and/or any
Site(s) by a third party (the “Buyer”) the Customer shall notify ParkingEye in writing
at least thirty (30) Working Days prior to the legal completion of such purchase.
ParkingEye shall have the opportunity to discuss the assignment or novation of this
Agreement to such Buyer and the Customer shall ensure (in the event of an
assignment) that such Buyer undertakes in writing to ParkingEye that it will perform
all Customers’ obligations under this Agreement.
18. NOTICES
Any notice given by one Party to the other under this Agreement must be in writing
and may be delivered personally or by pre-paid post and, in the case of first class
post, will be deemed to have been given two Working Days after the date of
posting and in the case of second class post will be deemed to have been given five
Working Days after the date of posting. Notices shall be delivered or sent to the
addresses of the Parties on the first page of this Agreement or to any other address
notified in writing by one Party to the other for the purpose of receiving notices
after the date of this Agreement. Each Party may specify by notice to the other a
particular individual or office holder to whom any notices served on it are to be
addressed, in which case a notice shall not be validly given unless so addressed.

'5. DELIVERY
5.1 If the Customer unreasonably refuses delivery or inhibits, obstructs or impedes
the supply and installation of the Products or the provision of the Services in
accordance with this Agreement or fails to take any action reasonably necessary on
its part, as set out in Clause 3, for the installation of the Products, ParkingEye shall
be entitled to:
5.1.1 recover from the Customer any loss and additional costs incurred as a result of
such action or failure; and
5.1.2 recover from the Customer revenue, at the average weekly gross revenue rate
received by ParkingEye at the Site(s), for any periods of downtime; and
5.1.3 remove the Products from the Site(s) without liability, without prejudice to
any of ParkingEye’s rights under this Agreement.
5.2 If ParkingEye’s performance of its obligations under this Agreement is prevented
or delayed by any act or omission of the Customer, its agents, subcontractors,
consultants or employees, ParkingEye shall not be liable for any costs, charges or
losses sustained or incurred by the Customer that arise directly or indirectly from
such prevention or delay.
5.3 ParkingEye shall use reasonable endeavours to meet any performance dates for
the Services and associated products specified within the Agreement, but any such
dates shall be estimates only and time shall not be of the essence for the
performance of the Services or delivery of the associated Products.
6. RISK AND TITLE
6.1 Risk in the Products shall vest in ParkingEye during the Term. ParkingEye shall
insure the Products at the Site(s) to their full replacement value and, where
requested, ParkingEye shall produce a valid certificate of insurance in respect of the
Products.
6.2 Title to the Products shall remain with ParkingEye before, during and after the
Term and shall at no point pass to the Customer.
6.3 The Customer shall ensure it has at all times adequate public liability and
employer’s liability insurance in respect of the Sites and where requested by
ParkingEye shall produce a valid certificate of insurance in respect of this cover.
7. RECORDS
7.1 ParkingEye is registered with the Information Commissioner as a data controller
under the Data Protection Act 1998.
7.2 Personal information collected or procured during the course of providing the
Services shall be processed in accordance with the Data Protection Act 1998.
7.3 Any data generated via the Products or through the provision of the Services
shall remain the property of ParkingEye.'

8. WEBSITE
8.1 On or before the Go Live Date ParkingEye shall notify the Customer of the web
address for accessing the Website in order for the Customer and its employees,
representatives and agents to monitor the data generated at the Site(s) and the
control of vehicles and Permit Holders at the car parking areas located at the Site(s).
Access to the Website shall be in accordance with its terms and conditions.
8.2 The Customer shall, input and update, via the Website, the names and vehicles
of the Permit Holders. ParkingEye will provide adequate training in this area for
each store at the time of the installation of the Products or as soon as possible
thereafter.
8.3 The Customer shall keep confidential and shall not disclose to any person not
authorised the details of any user name, password or security checkwords for the
Website, and as soon as reasonably practical inform ParkingEye if there is any
reason to believe that a user name, password or security checkword for the
Website has or is likely to become known to someone not authorised to use it or is
being or is likely to be used in an unauthorised way.
8.4 Where the Website has experienced any period of unavailability or there is
inaccurate content noted on the Website, the reinstatement of functionality or the
correction of any unavailability of the Website and of any errors in information
contained on the Website or re-performance of Services shall be the Customer's
sole remedy in respect of breach of the warranties set out in this clause 8.
9. CANCELLATIONS
9.1 It is the Customer’s responsibility to keep Permit Holders details up-to-date on
ParkingEye’s Website. As each offence and Parking Charge costs money to generate
and issue, each Site is allowed to cancel a maximum of 20% of offences generated
at the Site such cancellations to relate only to offences generated by persons whose
details were not (but should have been accordance with this clause) inputted or
updated by the Customer as Permit Holders. ParkingEye reserves the right to
terminate with 30 days’ notice, where the percentage of such cancellations exceeds
this for 2 months (8 weeks) as a result of failure by the Customer to keep the Permit
Holders’ details inputted or updated.
10. ACCESS TO THE SITE(S)
10.1 Subject to the remaining provisions of this Clause 10, the Customer shall grant
ParkingEye, its personnel, duly authorised contractors and agents a non-exclusive
licence to enter each Site to the extent that the Customer shall deem necessary to
enable it to deliver and (as the context shall admit or require) properly install
and/or remove the Products. ParkingEye shall ensure that no part of such Site(s) is
used by such personnel for any purpose other than that of delivering and installing
and/or removing the Products as the case may be in accordance with this
Agreement. For the avoidance of doubt, this Agreement shall not create or be
construed as creating any relationship of landlord and tenant as defined under the
Landlord and Tenant Act 1954 between the Customer and ParkingEye.
10.2 When entering any Site in accordance with Clause 10.1, ParkingEye or its
personnel shall comply with all rules and regulations notified to it by the Customer
from time to time relating to that Site.
10.3 The Customer reserves the right
10.3.1 of search and to carry out security checks, including in respect of vehicles
used by ParkingEye and its personnel, without prior notice, while such personnel
and vehicles are at any Site (including the surrounding vicinity); and
10.3.2 to require ParkingEye to remove from any store any person who the
Customer reasonably believes has either misappropriated goods or cash or is
incapable of performing his or her duties consistent with the terms of this
Agreement.

12. TERMINATION
12.1 The following Party(s) may terminate this Agreement forthwith by notice in
writing to the other on any of the following grounds:-
12.1.1 Either Party:
(a) if the other commits a material breach of this Agreement and, in the case of a
breach capable of being remedied, shall have failed to remedy the breach within
twenty eight (28) days of the receipt of a request in writing from the Party alleging
the breach to remedy such breach;
(b)If the other ceases to carry on business, or is unable to pay its debts as they fall
due for payment, or makes a general assignment for the benefit of, or a
composition with, its creditors, or has a liquidator, receiver, administrative receiver,
administrator, trustee or similar officer appointed over all or any of its assets or
undertaking (otherwise than for the purposes of a scheme of reconstruction or
amalgamation upon terms, and within such period, as may have been approved by
the other Party in writing), or if (otherwise than as aforesaid) a petition shall be
presented or other proceedings taken to wind up the other Party which are not
dismissed within sixty (60) days, or if (otherwise than as aforesaid) an order shall be
made, or a resolution shall be passed, to wind up the other.
12.1.2 ParkingEye, in accordance with clause 3.8, 3.9 and 9.1, without liability to the
Customer.12.2 Upon termination of this Agreement all rights and obligations of the
Parties shall cease to have effect immediately in relation to the Site(s) on which
notice of termination has been given except that termination shall not affect
accrued rights and obligations of the Parties under this Agreement at the date of
termination or any express obligations in this Agreement of a continuing nature
including (but not limited to) the remaining Site(s) (if applicable) and clause 16,
Confidentiality, which, in accordance with its terms, shall survive termination.
12.3 ParkingEye will upon termination of this Agreement forthwith (and in any case
within 28 days of termination):-
12.3.1 remove from the Site(s) the Products;
12.3.2 cease to provide the Services and operate the Website (or part thereof) that
was allocated to the Customer and shall disable the Website so that it ceases to
exist as part of ParkingEye’s website and is no longer accessible by the Customer’s
employees.
12.4 Without prejudice to ParkingEye’s other rights under this Agreement, where
the Customer terminates this Agreement in respect of any Site during the Initial
Term other than in accordance with clause 12.1.1 above it agrees to pay ParkingEye
for any unexpired proportion of the Initial Term:
12.4.1 an amount representing the amount of gross revenue that would have been
collected (based on the actual average earned on that Site), less the average
variable costs associated with the collection of Parking Charges at that Site during
the Term to date; plus
12.4.2 any on-going third party costs (i.e. the cost of any Site specific third party
communications contract); and
12.4.3 any applicable VAT,
which the Parties agree is a reasonable pre-estimate of ParkingEye’s loss and which
is not paid as a penalty.

14. DISPUTE RESOLUTION
14.1 In the event of any dispute or difference arising between the Parties in
connection with this Agreement, the Parties shall attempt to resolve such dispute or
difference in good faith and without recourse to legal proceedings, subject to clause
14.3.
14.2 If the Parties are unable to resolve such dispute or difference within 15
Working Days of initial discussions between the Parties taking place, either Party
may request the other in writing that the matter be referred to senior
representatives of the Parties with authority to settle the dispute, who shall
attempt to resolve the dispute within 30 Working Days of the written request to do
so.
14.3 Where such dispute cannot be resolved in accordance with Clause 14.1 or 14.2,
the parties may seek recourse to legal proceedings.
15. FORCE MAJEURE
15.1 If a Party ("Affected Party") is prevented, hindered or delayed from or in
performing any of its obligations under this Agreement by a Force Majeure Event:
15.1.1 the Affected Party's obligations under this Agreement shall be suspended
while the Force Majeure Event continues and to the extent that it is prevented,
hindered or delayed;
15.1.2 as soon as reasonably possible after the start of the Force Majeure Event, the
Affected Party shall notify the other Party ("Non-Affected Party") of the Force
Majeure Event, the date on which the Force Majeure Event started and the effects
of the Force Majeure Event on its ability to perform its obligations under this
Agreement;
15.1.3 if the Affected Party does not comply with clause 15.1.2 it forfeits its rights
under clause 15.1.1;
15.1.4 the Affected Party shall make all reasonable efforts to mitigate the effects of
the Force Majeure Event on the performance of its obligations under this
Agreement; and
15.1.5 as soon as reasonably possible after the end of the Force Majeure Event, the
Affected Party shall notify the other Party that the Force Majeure Event has ended
and resume performance of its obligations under this Agreement.
17. ASSIGNMENT AND SUBCONTRACTING
17.1 Each Party is entering into this Agreement for its benefit and not for the
benefit of another person.
17.2 Neither Party shall assign or novate this Agreement whether in whole or in part
without the prior written consent of the other Party (such consent not to be
unreasonably withheld, conditioned or delayed) provided that either party may
assign or novate this Agreement to a purchaser of the whole or substantially the
whole of the business of that party.
17.3 In the event of the purchase of the whole or substantially the whole or a
substantial part of the business of the Customer as a going concern and/or any
Site(s) by a third party (the “Buyer”) the Customer shall notify ParkingEye in writing
at least thirty (30) Working Days prior to the legal completion of such purchase.
ParkingEye shall have the opportunity to discuss the assignment or novation of this
Agreement to such Buyer and the Customer shall ensure (in the event of an
assignment) that such Buyer undertakes in writing to ParkingEye that it will perform
all Customers’ obligations under this Agreement.
18. NOTICES
Any notice given by one Party to the other under this Agreement must be in writing
and may be delivered personally or by pre-paid post and, in the case of first class
post, will be deemed to have been given two Working Days after the date of
posting and in the case of second class post will be deemed to have been given five
Working Days after the date of posting. Notices shall be delivered or sent to the
addresses of the Parties on the first page of this Agreement or to any other address
notified in writing by one Party to the other for the purpose of receiving notices
after the date of this Agreement. Each Party may specify by notice to the other a
particular individual or office holder to whom any notices served on it are to be
addressed, in which case a notice shall not be validly given unless so addressed.
19. SEVERANCE
19.1 If any provision of this Agreement is found by any court or administrative body
of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of this Agreement which shall
remain in full force and effect.
19.2 If any provision of this Agreement is so found to be invalid or unenforceable
but would cease to be invalid or unenforceable if some part of the provision were
deleted, the provision in question shall apply with such modification as may be
necessary to make it valid and enforceable.
20. THIRD PARTIES
A person who is not party to this Agreement shall have no rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
This clause does not affect any right or remedy of any person which exists or is
available otherwise than pursuant to that Act.
21. COSTS
Each Party shall bear its own costs and expenses incurred in relation to the
negotiation, preparation, execution and implementation of this Agreement and all
other documents to be completed in accordance with its provisions.
22. NO PARTNERSHIP OR AGENCY
Nothing in this Agreement is intended to create a partnership or joint venture or
legal relationship of any kind that would impose liability upon one Party for the act
or failure to act of the other Party between the Parties, or to authorise either Party
to act as agent for the other. Save as expressly provided in this Agreement, neither
Party shall have authority to make representations, act in the name or on behalf of
or otherwise to bind the other.
23. NO LANDLORD AND TENANT
ParkingEye and the Customer agree that no relationship of landlord and tenant as
defined under the Landlord and Tenant Act 1954 is intended or deemed to be
created in relation to the operation of this Agreement at any Site nor shall the
provisions of this Agreement be deemed to create in favour of ParkingEye any lease
of, or similar interest in, the land in which the Products are situated

24. WAIVER AND CUMULATIVE REMEDIES
24.1 The rights and remedies provided by this Agreement may be waived only in
writing and specifically, and any failure to exercise or any delay in exercising a right
or remedy by either Party shall not constitute a waiver of that right or remedy or of
any other rights or remedies. A waiver of any breach of any of the terms of this
Agreement or of a default under this Agreement shall not constitute a waiver of any
other breach or default and shall not affect the other terms of this Agreement.
24.2 The rights and remedies provided by this Agreement are cumulative and
(unless otherwise provided in this Agreement) are not exclusive of any rights or
remedies provided at law or in equity.
25. VARIATION
No variation or alteration of any of the provisions of this Agreement shall be
effective unless it is in writing and signed by or on behalf of each Party.'

These do not therefore appeal confidential

d) User Manual
i) The contents of the information pack are not likely to be confidential
ii) The grace period is not confidential. The current grace period for this car park is 10 minutes
iii) The car park time limit is not confidential as it is printed on signs in the car park
iv) The parking charge is not confidential as it is printed on signs.

e) Signature page
The signed 'for and on behalf of' is not confidential.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Alex Shipp

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr  Shipp

 

I acknowledge your request for an internal review and will now arrange for
the Head of Legal Services to review your request.

 

We will respond within 20 working days.

 

Regards

 

John

 

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Central Library
Prince Georg Square
South Shields
Tyne & Wear
NE33 2PE

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

show quoted sections

foi, South Tyneside Metropolitan Borough Council

3 Attachments

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp

Please find attached the Council’s response to your request of an internal
review

Regards

John

 

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Central Library
Prince Georg Square
South Shields
Tyne & Wear
NE33 2PE

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

show quoted sections

Dear Mr Grewcock,

The new copy of the contract has the words 'Corporation Retail' written on the cover sheet. These were not present on the previous copy supplied. Please can you clarify if
a) this is a different copy of the contract, and the previous version supplied was not the correct copy, or b) if these words were written on the cover following my original request

If these words were written on recently, please clarify if any other unauthorised amendments have been made to the contract.

Yours sincerely,

Alex Shipp

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp,

 

Your below questions have been forwarded to the relevant service for
response.

 

Kind regards

 

Information Governance

South Tyneside Council

show quoted sections

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp,

 

In response to your email below the Council can confirm that the copy of
the contract supplied to you was not different to the previous copy.  The
only difference was one copy had hand written wording 'Corporation Retail'
annotated on the document, however the contents of the contract are
identical and therefore is not an amendment to the contract.

 

The hand written wording was added purely for internal record management
purposes only.

 

Regards

 

Information Governance

South Tyneside Council

show quoted sections

Dear Mr Grewcock,

Thank you for your reply. On further examination of the contract I find that the user manual in the newly provided version has far more pages than the previous version.

In the light of this please could you re-examine your answer that the second copy of the contract was not different to the first copy.

Yours sincerely,

Alex Shipp

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Shipp,

 

After examining the information sent to you, the Council can confirm that
the contracts sent were the same.  The contract consists of 16 pages and
the User Manual (Schedule 1) consists of 27 pages.  In response to your
original request you were sent all pages of the contract and 8 pages of
the User Manual, pages fully redacted were removed and not sent to
yourself at this time.

 

After your request for an internal review the level of redaction was
considered and amended.  When this version was sent to yourself, for
completeness all pages including those that were fully redacted have been
included.

 

Regards

 

Information Governance

South Tyneside Council

show quoted sections

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