Tom parked his car in the defendant's parking station. He had not patronised it previously. A sign on the outside of the car park read "All cars parked at owners' risk". Admittance was obtained by driving to the entrance, accepting a ticket from an automatic machine and proceeding inside. The ticket contained the words: "This ticket is issued subject to the conditions of issue as displayed on the premises". Tom did not read these words and on the car park pillars near the paying office there was a list of conditions, one excluding liability for any injury to customers which he did not read. Tom was injured by an accident within the carpark when he returned to collect his car. When sued, the company raised the following clause as a defence:

The Company shall not be responsible or liable for ... injury to the Customer or any other person occurring; when the Customer's motor vehicle is in the Parking Building howsoever that loss, misdelivery, damage or injury shall be caused; and it is agreed and understood that the Customer's motor vehicle is parked and permitted by the Company to be parked in the Parking Building in accordance with this Licence entirely at the Customer's risk.'

a) Does Tom have any rights against the car park? Please explain in detail

b) If Tom was a regular user of the car park, what rights would he have against the car park? Please explan in detail