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 ‘Park At Your Own Risk’ no longer applicable

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MR_alien
post Apr 28 2023, 08:08 PM

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it's already a thing after a judge ruled it a few years ago
but parking operator still love to put the term behind their ticket or on the wall of the parking as if it's legal binding

unless of course your parking is free...thn yes
SUSCincai lar
post Apr 28 2023, 08:08 PM

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QUOTE(tupai @ Apr 28 2023, 07:31 PM)
It's not recent at all. The ruling has been around like 15 to 20 years ago provided it's a paid parking. Iinm, one of the case was  a mall parking somewhere in KL. Was it imbi plaza, I can't recall. Car owner managed to get compensation for items in his car that was missing together with his car (car got stolen). The car itself is insured so parking lot operator didn't have to compensate the car itself . It was in the news when I was a student. Circa 1995-1999.

Free parking on the other hand yes, parking owner can be exempted from liabilities. I recall years ago got a case where car owner sues Tesco for damages his car suffered while being parked at Tesco parking lot. The court sided with Tesco as the parking area is free for all.
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parking kena hit and run,.. can claim or not ??
SUSFreshmeat21
post Apr 28 2023, 08:11 PM

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Can we sue majlis bandaraya since we paid parking fees?
tupai
post Apr 28 2023, 08:14 PM

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QUOTE(Cincai lar @ Apr 28 2023, 08:08 PM)
parking kena hit and run,.. can claim or not ??
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Depends where you park la and how you park. Also if you know who hit and run.
DarkNite
post Apr 28 2023, 08:19 PM

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QUOTE(Freshmeat21 @ Apr 28 2023, 08:11 PM)
Can we sue majlis bandaraya since we paid parking fees?
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In Penang kenot cos if not mistaken the ruling is "it is in public roads not private road" - you are paying for the usage of the public road maintain by the majlis.
SUSCincai lar
post Apr 28 2023, 08:22 PM

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QUOTE(tupai @ Apr 28 2023, 08:14 PM)
Depends where you park la and how you park. Also if you know who hit and run.
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if u know,.. it's not hit and run liao,..
mick84
post Apr 28 2023, 08:26 PM

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RM2 jadi RM3.
Extra RM1 tu insurance
SUStatabun
post Apr 28 2023, 08:29 PM

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next lemon law pls
SUSeds2
post Apr 28 2023, 08:37 PM

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just discovered old news eh?
Oltromen Ripot
post Apr 28 2023, 08:39 PM

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QUOTE(wawasan2200 @ Apr 28 2023, 07:15 PM)
so car stolen who will be responsible?
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paid carpark.
you pay to have your vehicle in a safe space.
provider cannot deny.
teehk_tee
post Apr 28 2023, 08:40 PM

ไม่เป็นไร
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public liability.
Oltromen Ripot
post Apr 28 2023, 08:41 PM

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QUOTE(Freshmeat21 @ Apr 28 2023, 08:11 PM)
Can we sue majlis bandaraya since we paid parking fees?
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i think (roadside) parking by municipal is covered separately under law, bylaw, ordnance. iinm not covered.
Oltromen Ripot
post Apr 28 2023, 08:43 PM

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QUOTE(MR_alien @ Apr 28 2023, 08:08 PM)
it's already a thing after a judge ruled it a few years ago
but parking operator still love to put the term behind their ticket or on the wall of the parking as if it's legal binding

unless of course your parking is free...thn yes
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kpdnkk already said before in newspaper; even displaying such term itself is an offence worthy of saman.
CyberKewl
post Apr 28 2023, 08:50 PM

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this is good for consumer but also means quite likely once this catches on, parking operators will increase the cost of parking as added "insurance" in case there's a payout needed.
Buffalo Soldier
post Apr 28 2023, 08:50 PM

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QUOTE(xander2k8 @ Apr 28 2023, 07:48 PM)
Difficult to prove these days which cashless parking 🤦‍♀️ as they don’t state whose the parking operator

The only thing they can prove is the entry and exit time and building
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Usually this is done during the disclosure/discovery phase (pre-trial).

All parties must all the documents that any party intends to rely on or refer to during the trial later.

At that phase... Any contract/agreement between the building/mall/hotel owner with the parking operator should come to light.
narf03
post Apr 28 2023, 10:26 PM

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then expect price of parking increase, as business owner will have to divert their loses to the customer as well
latipbogiba
post Apr 28 2023, 10:32 PM

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insurance how? happy la itu macam
netmatrix
post Apr 28 2023, 10:35 PM

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QUOTE(Thebestscammer @ Apr 28 2023, 07:37 PM)
if you have to pay for the parking then they are liable.
if its some free lot that some guy owns but he lets you park for free then kasi chan la, deal with the theft and issue on your own
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Yes. I have been thinking about this for a very long time. We pay for parking. And very expensive one at it also. In comparison 50 cents for council street parking vs rm2-10 for private parking per.hour. So the question is why pay so much to park a car in private lots when there are no advantages for the high price at all?
delphine.88
post Apr 28 2023, 10:54 PM

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How do car operator know if your car are being stolen? It could be you passing your car key to your friend or relative to pick up your car.
potatoespotate
post Apr 28 2023, 10:58 PM

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so if roadside parking under local council also same?

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