What are my legal obligations?

**thecharmed01** · 27th January 2012, 16:29

Originally Posted by p.dath

Again, I don't agree. It doesn't matter what the implied contract is - the CGA gives me additional rights, specifically, it gives me "guarantees".

For example:
http://www.legislation.govt.nz/act/p...html#DLM312839

If I park at Wilson Parking, and upon return to my vehicle I find it is damaged (doesn't matter by whoom) can you reasonably say that the service was carried out with reasonable care and skill to prevent the damage? Chances are the Wilson car park is unmanned, and they took no measures what soever to protect my vehicle. Is that a demonstration of reasonable care and skill? Simply accepting my money does not demonstrate either care or skill in providing the service.

http://www.legislation.govt.nz/act/p...html#DLM312840

So lets say I write to Wilson Parking, making it known that I expect my vehicle to be safe and free from damage while in their care. I turn up, the the machine accepts my money - they are now contracted. I experience damage to my car. It was under their care. The CGA guarantees me that the parking service will will be reasonably fit to achieve the expected result.

Like I say, there needs to be a test case. I'm not at all convinced that by simply putting up a sign saying they accept no liability for damage to your property while in their care is sufficient to contract out of the guarantee made in law.

Good luck, I would put money on you losing....

**F5 Dave** · 27th January 2012, 16:34

Originally Posted by Winston001

Excellent result. Might I add that you seem to be a very decent bloke. You've been treated badly by a friend and yet you haven't taken direct action without considering your neighbours and giving the guy every chance to get his property.

The world is a better place with people like you.

Indeed. . . . So now it is time to plot revenge.

Don't happen to own a CX400 custom or an XZ550 you can abandon at his place do you?

**p.dath** · 27th January 2012, 18:47

Originally Posted by scumdog

Sooo. you park in George Street, put your money in the meter and walk off for half an hour.

You come back and your car has been backed into, its healight and grille smashed and no note on your windscreen saying 'sorry, here's my number, call me'.

You can't remember what sort of car had been parked on front of you let alone it's rego.

Do you sue the City Council??

Like I say, I would like to see a test case to see the limits of the CGA in this regard. It would seem to me that the council is providing a service, and again I ask, can it be said they cook reasonable care in providing the service?

**Winston001** · 27th January 2012, 19:48

Originally Posted by Drunken Monkey

We are also having ongoing carparking issues. Charmed01 is 100% correct. For specific references, look up:

Distress damage feasant

Jamieson's Tow and Salvage v Murray (High Court)

Arthur v Anker (UK law, but applies here - see Christchurch and Auckland district court references to this case)

Land Transport Act 1998 PART 7 - DISQUALIFICATION, DEMERIT POINTS, LICENCE SUSPENSION, AND VEHICLE IMPOUNDMENT

Haven't looked at this stuff for years - good man for posting references.

P.dath asks the right questions but so far as I recall car park operators now cover themselves very effectively.

Going back to first principles, if you rent/lease a storage space to somebody for a fee, you owe a duty of care to the owner to protect that property. A private car park = storage space. Technically you are a bailee for reward.

This is in everyone's interests: the park owner gets paid and knows to keep his eyes open for risks, the car owner knows his vehicle is safe.

But there have been various cases over the years where vehicles were damaged by third parties and naturally carpark operators have moved to limit their liability...to nothing. Fair enough.

**bikaholic** · 27th January 2012, 19:58

Ah but in this scenario there is no consideration, so no contract.

**FJRider** · 27th January 2012, 20:07

Originally Posted by bikaholic

Ah but in this scenario there is no consideration, so no contract.

I hope none of you find yourselves (or have found yourselves) ... in the position (or similar) of the boat owner in question ...

**bikaholic** · 27th January 2012, 20:08

Originally Posted by p.dath

Like I say, I would like to see a test case to see the limits of the CGA in this regard. It would seem to me that the council is providing a service, and again I ask, can it be said they cook reasonable care in providing the service?

You would have to weigh up the service the carpark is actually supppling versus the service you think you are buying, and what is reasonable practise in the industry generally, and then prove they where negligent.

**merv** · 27th January 2012, 20:08

.... but you guys are pleased Baz got the boat moved aren't ya

**bikaholic** · 27th January 2012, 20:14

Originally Posted by FJRider

I hope none of you find yourselves (or have found yourselves) ... in the position (or similar) of the boat owner in question ...

Don't get what you are saying there FJ. Consideration is the exchange of benefits, goods or performance for each other or money, which makes a contract enforcable. No consideration = no binding contract.

**FJRider** · 27th January 2012, 20:30

Originally Posted by bikaholic

Don't get what you are saying there FJ. Consideration is the exchange of benefits, goods or performance for each other or money, which makes a contract enforcable. No consideration = no binding contract.

You get what you pay for ... a $2 parking ticket gets you a space to park your vehicle for a specified time. (usually stated on the receit ticket) anything else is NOT part of the contract. (unless stated ON that ticket) THEY provide a service (a place to park) you PAY for that service.
If YOU think there is a risk parking there ... dont park there ... (or increase your own insurance)

To EXPECT anything more from YOUR $2 is foolish ... at best.

**bikaholic** · 27th January 2012, 20:38

Originally Posted by FJRider

You get what you pay for ... a $2 parking ticket gets you a space to park your vehicle for a specified time. (usually stated on the receit ticket) anything else is NOT part of the contract. (unless stated ON that ticket) THEY provide a service (a place to park) you PAY for that service.
If YOU think there is a risk parking there ... dont park there ... (or increase your own insurance)

To EXPECT anything more from YOUR $2 is foolish ... at best.

Agree, implying ones own contract on the other party would be foolish without their consent.

**FJRider** · 27th January 2012, 20:46

Originally Posted by bikaholic

Agree, implying ones own contract on the other party would be foolish without their consent.

"Terms of contract" are usually on signs in the area, or printed ON the receit.

And as far as Dunedin goes ... to pay money to a council that prides itself on it's Scottish traditions and ancestory ... and expect value for money ...

**bikaholic** · 27th January 2012, 20:52

Originally Posted by FJRider

And as far as Dunedin goes ... to pay money to a council that prides itself on it's Scottish traditions and ancestory ... and expect value for money ...

Inverscaregill is the best, during Burt Munroe week, motorbikes parked all over the footpaths in town, even if metered parking is available. Never seen anyone ticketed during that week. (the only week i ever go to Invers anyway).

**FJRider** · 27th January 2012, 20:54

Originally Posted by bikaholic

Inverscaregill is the best, during Burt Munroe week, motorbikes parked all over the footpaths in town, even if metered parking is available. Never seen anyone ticketed during that week. (the only week i ever go to Invers anyway).

The parking warden takes her holiday that week ...