PARK at your own risk. Most motorist will have encountered disclaimers that seem to absolve parking management from any responsibility.
A clip shared by X user @bckupacc99 shows two rear tyres and rims of a car stolen while purportedly parked at Pangkor Island’s Marina Island jetty.
The person in the video could be heard grousing that cars were parked at “owners’ own risk” despite the high parking charges of RM150/month.
Just what exactly were the security of said facility doing that thieves could jack up the car and steal the rubber and rims?
The clip has been viewed 498,000 times at the time of writing with many netizens asking if indeed the car park operator should be held responsible.
Semalam 22 November 2024, 2 biji qtayar kereta hilang sekali dengan rim.
area jeti marina island pangkor perak. security buat apa, tak ronda ? 🤔 pic.twitter.com/x7sHeYp6AN
— ًِ (@bckupacc99) November 23, 2024
Many were unimpressed that car park operators seem to be able to wash their hands of any responsibility with these disclaimers.
One mocked the parking facility operator for claiming there was “24-hour security” and giving the impression that it was safe and secure.
As high as the charges may seem, one netizen rationalised that it was for the rental of parking space and not for security for the said vehicle.
However, one netizen noted that such disclaimers did not absolve the car park operator from its responsibilities.
Referring to a 2020 case, the Court of Appeal stated car park operators could not rely on the exemption clause to evade liability.
The case involved a vehicle Euro Rent-A-Car Sdn Bhd hired out to French citizen Hemici Sofiane on April 25, 2016. Sofiane had parked the car at The Pinnacle Sunway at Bandar Sunway one afternoon only to find the car was missing when he returned later the evening.
The court held that the claim must be allowed as a bailor-bailee relationship existed between Euro Rent and Sunway Parking Services Sdn Bhd.
In the Pangkor case, more than a few expressed surprises that standard rims were stolen.
Regardless of whether the rims were stock or not has nothing to do with the issue at hand. Given that parking facilities charge plenty for the privilege, there must be some minimum standards of security.
Considering the nature of the theft, it makes a mockery of the car park operator’s claims of round-the-clock security.
With the precedence set in the previous 2020 incident, this car owner can surely make the claim for the loss of the rims and tyres against the car park operator.
Time to bring such washing off hands disclaimers to a halt as well as educate the general public of their rights. There is no such thing as ‘not my problem’ and car park operators should not be allowed to rely on disclaimers – no matter how large the notice is printed! – Nov 27, 2024
