Problem
Lara had an arrangement with Tried N True Parking Pty Ltd whereby her car, used by an employee, was garaged during business hours on Tried N True Parking's premises. Lara paid $250 per month to use Tried N True Parking 24/7.
When the car was brought into the carpark, the driver either parked it in the position that the parking attendant directed, or the attendant would hop in the car and park it for the driver. In each case, the key was left in the car so that cars could be moved throughout the day as it was common for cars to be parked one in front of another to maximise the parking spaces available.
A ticket was issued each day to the driver of the car and this ticket had to be put into a ticket machine to activate a boom gate to allow the car to exit.
There was a sign at the entrance to the parking station which read:
"Tried N True Parking Pty Ltd does not accept any responsibility for the loss or damage to any vehicle or for loss of or damage to any article or thing in or upon any vehicle or for any injury to any person however such loss, damage or injury may arise or be caused. Tickets must be presented on exiting. YOU are responsible for your ticket"
Lara's car was stolen from Tried N True Parking. On the day Lara's car was stolen the boom gate was not working so Tried N True Parking, short on staff, allowed it to remain open all day, although staff were trying to monitor the exit.
Is Tried N True Parking liable for the loss of the car?