The Court of Appeal agrees that there was a bailor-bailee relationship between the owners of the car and car park.
It held that the claim must be allowed as a bailor-bailee relationship existed between Euro Rent A Car Sdn Bhd and Sunway Parking Services Sdn Bhd. Lawyer Ameerul Aizat Noor Hazlan, who represented Euro Rent, said he had written to the Court of Appeal to have a written ground as the judgment had set a precedent.
Sofiane parked the car at the The Pinnacle Sunway at Bandar Sunway in Petaling Jaya at about 2.30pm two days later, only to find the car missing at about 7pm the same day. The driver of the stolen car could leave without the ticket because the barrier gate was too slow in preventing him from following the car in front.
It also relied on the exemption clause to limit its liabilities that “vehicles were parked solely at customer’s own risk”.