Jones drove her car into Smith's Parking's new automatic car park for the first time. There was a sign outside the car park that listed the various charges and stated that owners parked at their own risk. When she drove up to the ticket machine, Jones was issued with a ticket. She then drove into the garage, where her car was mechanically parked. Jones was injured when she returned later to collect her car, and she claimed damages from the garage.
The car parking company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words ‘Issued subject to conditions ... displayed on the premises'. On a pillar opposite the ticket machine were printed eight conditions, the second of which exempted the car parking company from liability for any injury to a customer on the premises. Jones would have needed to have parked her car in the garage and walked around to the pillar to have read the conditions.
Could the car parking company successfully rely on the exemption clause to protect it from any action by Jones?