car park accident

[geode]

i remember dati about a case where the complainant sued the parking area/admin kasi nanakaw ung ride nya while it was parked. nagrason ung parking admin na un nga na it says daw sa ticket na they're not liable for the loss pero nanalo pa din sa kaso ung complainant. dito ko din nabasa sa tsikot un ... around 5/6 months ago ata un.

[111prez]

I've heard in a legal forum, that this "rule" in the ticket is not admisable or void in court. Its a predefined contract kase, and you as a consumer is unaware of this. The problem is when do you opt to take legal action, the cost and time it consumes is not worth it. and the fact that they accpeted your car into their parking lot - liable na sila... and its their business di ba? business nila yun car parking. kung ayaw nila maging liable for damages, they have the right to inspect your car, then refuse and not accept your car

pero ewan ko... I'm not a legal authority

a "predefined contract" is not necessarily inadmissible in court. these "predefined contracts" are referred to as CONTRACTS OF ADHESION. these are contracts where the terms are pre defined and the other party is essentially on a "take it or leave it basis." these contracts are still valid but will be construed strictly against the person making the contract. if you sign your agreement to such contracts, then you are deemed to have agreed to its terms and conditions also. one other example of such contracts are airline tickets, ferry tickets or even bills of lading or airway bills (yung sa mga courier companies)

however, the parking ticket does not exempt the parking owner from their acts of negligence. in the case of a car stolen from the car park, so long as you can prove that the car park management was negligent, then you will win your case.

however, be wary of your own negligence like leaving your car park ticket in the car for example. another example is failing to lock your own car. for sure, the car park owner will use all these defenses against a claimant

[bigbrother]

Sa SM Megamall parking lot level 3.... seen on my own two eyes. agawan sa parking lot actually, the revo actually is the 1st one to park but the red lancer unknowingly didnt see the revo waiting just park his car, upon doing so within a few minute the revo also found a parking space adjuscent near to the red lancer. sa tingin ko sa sobrang pikon ng driver ng revo the (huge) person got down from his car then scratch the red lancer with his key... then automatically go to his car and drove away to the exit... Saw everything happen I immediatelly call the attention of the security to halt the revo vehicle, but to no avail the security wala magawa... pinabayaan. HABA TALAGA YUN SCRATCH From front door to the end. Actually this happen I think almost 2 yrs ago.