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Thread: Parking at own Risk.

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    Diamond Member tec0's Avatar
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    Parking at own Risk.

    We all know this BS sign that magically allow people to vandalise your car while you are not around. Basically this sign is a real problem because it allows the owner of the grounds to do nothing. They have no need to install security cameras nor do they have to have security guards or access control.

    Is there a way to make the proprietor responsible for damages done ?

    What is your opinion about this?
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
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    Parking falls under the consumer protection act. The clause is an unfair term and is prohibiting a CPA right. they are liable.

    that aside, this is what is called ticket sales - If I buy a ticket and the terms and conditions only become known once I enter the venue, the contract was not concluded based on those terms UNLESS before or as i am buying teh ticket there is signage that brings to my attention that there are terms and conditions.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    tec0 (01-Mar-12)

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    Moderator IanF's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Parking falls under the consumer protection act. The clause is an unfair term and is prohibiting a CPA right. they are liable.
    What if under that sign you put "If you do not agree to these terms do not park here"
    I think most of these "t&cs" come from bitter experience. What if another car reverses into your car and drives off should this be the responsibility of the carpark owner. Even if they have cctv and guards you can not hold someone until the car owner comes along.
    Is the "reasonable man" concept still applicable?
    Only stress when you can change the outcome!

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    Vanash Naick (01-Mar-12)

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    Diamond Member tec0's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Parking falls under the consumer protection act. The clause is an unfair term and is prohibiting a CPA right. they are liable.

    that aside, this is what is called ticket sales - If I buy a ticket and the terms and conditions only become known once I enter the venue, the contract was not concluded based on those terms UNLESS before or as i am buying teh ticket there is signage that brings to my attention that there are terms and conditions.
    Thank you

    You sir are a true one in a million.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Diamond Member tec0's Avatar
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    Quote Originally Posted by IanF View Post
    What if under that sign you put "If you do not agree to these terms do not park here"
    I think most of these "t&cs" come from bitter experience. What if another car reverses into your car and drives off should this be the responsibility of the carpark owner. Even if they have cctv and guards you can not hold someone until the car owner comes along.
    Is the "reasonable man" concept still applicable?
    If CCTV was made available to me I would take the evidence and go to the police and keep the person that actually damaged my car responsible. Would this count as reasonable?

    But right now we cannot get them motivated enough to install a system regardless of the fact that vandalising is now common place.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Vanash Naick (01-Mar-12)

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    Moderator IanF's Avatar
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    Quote Originally Posted by tec0 View Post
    If CCTV was made available to me I would take the evidence and go to the police and keep the person that actually damaged my car responsible. Would this count as reasonable?

    But right now we cannot get them motivated enough to install a system regardless of the fact that vandalising is now common place.
    Would you be willing to pay more for this as it will cost money, then when the system is vandalised would you still be happy with the price increase. If this is so bad make another plan rather than parking there.
    As to reasonable it may be hard to position the cameras properly, just look at ACSA with their cameras yet the crooks find the blind spots. Then you can complain that the cameras are useless.
    Only stress when you can change the outcome!

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    Diamond Member tec0's Avatar
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    The parking aria is fairly open and no less than two well placed cameras will work just fine. I know this because I also am use to install them "at my home" and at a friend's house. The system required will not be that expensive. It is also a small area with a single gate so again it will not take much to secure the aria.

    To answer your question; Yes I am willing to pay extra fact is all of us are willing to pay that little extra. "If facilitator keeps it within reason" Also we do not ask for miracles just a chance to find the person responsible.

    After all how would you feel if you are basically forced to use a parking area knowing your car will get damaged? Would you not want to catch the person responsible?
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Diamond Member adrianh's Avatar
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    But what happens when you go to town and park in a public parking bay. We pay about R10 for an hour but I can assure you that you do it at your own risk. Where do you draw the line when it comes to responsibility, although I pay R10 to park in a bay in town it remains my responsibility. What happens if your buddy from out of town stayes over at your house for a weekend and his car gets broken into whilst parked in your driveway - do you have CCTV cameras installed? What happens if your buddy parked in the street in front of your house - there are still no cameras. I think that we also need to take responsibility for our own wellbeing, we take risks wherever we go, we choose where we park and we should be aware of the dangers.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Diamond Member tec0's Avatar
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    I agree, like I said before I am not trying to be unreasonable. However this problem is in some ways unique adrianh. It is not your standard parking area, it is a parking area dedicated to us. So we have no alternative but to use it.

    Now we pay a lot of money already and now there is an individual that walks around vandalising cars. There is no other motive here. So we did take responsibility and we asked the proprietor to help us setup some kind of security.

    He said no and that we are using the parking at own risk. Thus he is not interested in solving the problem nor was he willing to share cost because we were willing to pay for half of the system. And please note we were willing to share the installation cost as well as the cost of the equipment.

    So what now? What else can we do?
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Site Caretaker Dave A's Avatar
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    Club together to hire a car guard?

    If it's a regular occurence, you could hire a private detective agency to post someone to loiter in the area and catch the person. They really are pretty good at this sort of thing.
    The trouble with opportunity is it normally comes dressed up as work.

  14. Thank given for this post:

    BusFact (04-Mar-12), tec0 (02-Mar-12)

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