Question
Katherine parked her car in a multi-storey car park owned by South Eveleigh Parking. When she entered the car park she had to wait while
Katherine parked her car in a multi-storey car park owned by South Eveleigh Parking. When she entered the car park she had to wait while the number plate recognition software recorded her number plate and time of entry. While she waited at the barrier for her number to be recorded, she saw a large yellow notice next to the barrier. The notice said, "Owners of vehicles park their cars at their own risk. South Eveleigh Parking does not accept any responsibility for the loss or damage to any vehicle however such loss or damage is or may be caused." Katherine parked her car and locked it. When she returned from work several hours later the car was gone. It was later found that a thief had entered the car park, broken into Katherine's car, paid for the parking using her number plate details and driven the vehicle away. Katherine wants to sue the car park as she believes that it is the fault of the car park's security employees that they did not identify the thief on CCTV and allowed the thief to steal the car. Do you believe Katherine will be successful in her argument? Will South Eveleigh Parking be able to rely on the exclusion clause in the yellow sign at the car park entrance or not? Provide a legal justification in support of your answe
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