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 ‘Park At Your Own Risk’ no longer applicable

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Enjoise
post Apr 28 2023, 10:59 PM

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lolkek this is old story
potatoespotate
post Apr 28 2023, 11:00 PM

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QUOTE(netmatrix @ Apr 28 2023, 10:35 PM)
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?
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convenience lor, cibai Malaysians will park as close as possible if can they will park inside the store they want to go to la. if not die die will double park. thankfully since most private parking ada abang security buat clamping, usually tak kena double park lol.
zuozi
post Apr 28 2023, 11:09 PM

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QUOTE(delphine.88 @ Apr 28 2023, 10:54 PM)
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.
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Nowadays got CCTV mah like you said stolen or not police decide

Anything stolen you got to report to police the owner , vehicle or operator

You can get away if you are pro

You will get arrested if this is your first time because beginners always make a mistake in report rahsia bocor question and answer doesn't same as previous, because we human not good in keeping secrets
Oltromen Ripot
post Apr 28 2023, 11:15 PM

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QUOTE(potatoespotate @ Apr 28 2023, 10:58 PM)
so if roadside parking under local council also same?
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parking provided by municipal council is not liable for your loss, regardless it is paid. i can't remember which law i was reading through, but it is law. probably the law governing local government i.e. municipal.

paid parking by private entities on the other hand is responsible to provide facility and security, so they cannot wash their hands when things go broken and/or missing. keyword: paid. if you park for free, then different story lah. who wanna be kuli percuma to guard your belongings, right?
bristlebb
post Apr 28 2023, 11:27 PM

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The.Lucas.DaY
post Apr 28 2023, 11:40 PM

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If this applicable to "Trade At Your Own Risk" term from guru saham......... oh yes
Oltromen Ripot
post Apr 28 2023, 11:45 PM

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QUOTE(The.Lucas.DaY @ Apr 28 2023, 11:40 PM)
If this applicable to "Trade At Your Own Risk" term from guru saham......... oh yes
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QUOTE(Oltromen Ripot @ Apr 28 2023, 08:43 PM)
kpdnkk already said before in newspaper; even displaying such term itself is an offence worthy of saman.
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it is illegal for carpark operators to even display or tout "park at own risk".
FrostLance
post Apr 28 2023, 11:48 PM

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Since early 90s lg duhhh
lopo90
post Apr 28 2023, 11:49 PM

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QUOTE(Nas_Rule @ Apr 28 2023, 07:30 PM)
Yup the operator cannot hide from the park at your own risk because as an operator they have a duty of care to make sure all car parks at the premise is safe. If you notice Sunway Pyramid install big signboard that they will not responsible for any damages or loss but still they can’t run. Can take them to court.
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If really go to court

It's David Vs goliath situation

Sunway got infinite money to drag the case,
Oltromen Ripot
post Apr 28 2023, 11:51 PM

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QUOTE(FrostLance @ Apr 28 2023, 11:48 PM)
Since early 90s lg duhhh
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yes, "duhh".
but not many drivers already know this.
and the point being stressed in 1st post is, all the judgements are now cemented by Court of Appeal.
Sha91
post Apr 29 2023, 12:15 AM

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QUOTE(TanahGagal @ Apr 28 2023, 07:39 PM)
Good

DSAI terbaik
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DSAI terbaik, the heck?
andrewhtf
post Apr 29 2023, 12:27 AM

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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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Not just 20 years ago, In fact even longer. "Thornton v Shoe Lane Parking - 1971" has become a standard case study for all business law first subject on Contracts where the imposition of "park at your own risk" notice on the ticket is deemed not enforceable because it is a clause after a customer entered the parking area to obtain a ticket.

This post has been edited by andrewhtf: Apr 29 2023, 12:29 AM
stupiak07
post Apr 29 2023, 12:29 AM

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It never valid in first place.

But operator will always taichi until you hired a lawyer
tupai
post Apr 29 2023, 12:36 AM

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QUOTE(andrewhtf @ Apr 29 2023, 12:27 AM)
Not just 20 years ago, In fact even longer. "Thornton v Shoe Lane Parking - 1971" has become a standard case study for all business law first subject on Contracts where the imposition of "park at your own risk" notice on the ticket is deemed not enforceable because it is a clause after a customer entered the parking area to obtain a ticket.
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wow. that long. i only sort of recall the news i read 20 years ago. now that you mentioned it, the ruling does based on previous ruling. it could be the 1971 case.
vhs1
post Apr 29 2023, 12:43 AM

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Good for car owners.
at least a bit assuring

Fantasia
post Apr 29 2023, 12:50 AM

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QUOTE(andrewhtf @ Apr 29 2023, 12:27 AM)
Not just 20 years ago, In fact even longer. "Thornton v Shoe Lane Parking - 1971" has become a standard case study for all business law first subject on Contracts where the imposition of "park at your own risk" notice on the ticket is deemed not enforceable because it is a clause after a customer entered the parking area to obtain a ticket.
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What about if they put this notice at the place before the driver take the ticket?
SUSxiaojohn
post Apr 29 2023, 01:31 AM

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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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Ofcos can la….
xander2k8
post Apr 29 2023, 02:07 AM

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QUOTE(Buffalo Soldier @ Apr 28 2023, 08:50 PM)
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.
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Only those who is willing drag to court

But I am sure most would go to a tribunal 1st to settle before dragging it out to court
andrewhtf
post Apr 29 2023, 02:42 PM

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QUOTE(Fantasia @ Apr 29 2023, 12:50 AM)
What about if they put this notice at the place before the driver take the ticket?
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That's what parking operators does AFTER this court case lol
SUSCincai lar
post Apr 29 2023, 02:46 PM

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QUOTE(xander2k8 @ Apr 29 2023, 02:07 AM)
Only those who is willing drag to court

But I am sure most would go to a tribunal 1st to settle before dragging it out to court
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tribunal is court,...

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