Should you park the car on the street and risk a break-in, or hand over the money and put it inside a car park? Inside may sound safer, but as a consumer watchdog points out, many car park operators can't be held responsible if something goes missing, including the vehicle itself. You might be paying all that money for a false sense of security. The Consumer Council has looked at 11 car park management companies which run 615 car parks in the city. Nine out of the 11 companies carry exemption clauses in their terms that say they are not responsible for losses in their parking areas. The others, Chung Shun International Management and Kerry Properties, do not include guidelines about theft in their conditions. The council received 55 complaints related to parking last year - in one case a man lost HK$8,000 worth of valuables, including a wallet, a PlayStation Portable and an electronic dictionary left in his car. And hold onto the parking tickets because losing it could mean paying an additional 'administration' fee of up to HK$100. In some lots, a lost ticket can also mean extra hourly fees because the operators keep no other record of when you arrived. The MTR Corporation, for example, calculates the parking fee at the Metro Town Car Park in Tseung Kwan O by assuming you entered at midnight that day. A council spokesman, Professor Ron Hui Shu-yuen, said: 'We strongly encourage car park operators to keep records of cars' arrival and departure time. It can reduce the number of ticketing disputes.' Finding out an operator's policies is not always easy. At one car park at Billion Plaza, in Cheung Sha Wan, operated by Wilson Parking, a sign listing clauses is posted on a wall but near the ground. Drivers will only see it after they have entered the car park by passing through an automated barrier. The words are small and hard to read, especially if you are sitting behind the wheel. You can press unreasonable exemptions in court, but challenges are considered on a case by case basis, the council says. The president of the Law Society, Wong Kwai-huen, warns that exemption clauses greatly reduce the chance that a consumer can win compensation from car parks. Still, consumers have a better chance if they can show they were not well-informed about the clauses or that the operator did not try to make the car park secure. There should be a notice that sufficiently alerts drivers, such as at the car park entrance or on the rear side of the parking ticket, Wong said. The notice should not be put in an inconspicuous place. If a parking lot has the staff and the infrastructure to make the area secure, a consumer would have a difficult time proving that the operator was negligent, he said. The president of the Hong Kong Automobile Association, Wesley Wan Wai-hei, said drivers had long faced difficulties in claiming compensation from car parks. When drivers find their cars scratched in parking lots located in big estates, it is hard to hold operators responsible, he said. While drivers should not leave any valuables in their cars, it is up to us to keep our cars safe, he said. The fine print A comparison of the policies of various car-park operators Chung Shun International Management Exemption clause on loss of vehicle/property: No Exemption clause on personal injury: No Extra charge for loss of parking ticket (HK$): No Hang Yick Properties Management Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): $80 Imperial Parking (HK) Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): No Jones Lang LaSalle Management Services Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): No Kerry Properties Management Services Exemption clause on loss of vehicle/property: No Exemption clause on personal injury: No Extra charge for loss of parking ticket (HK$): No Metro Parking (HK) Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: No Extra charge for loss of parking ticket (HK$): No MTR Corp Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): $100 Selex Properties Management Co Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): No Sino Parking Services Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): $50 The Wharf (Holdings) Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: Yes Extra charge for loss of parking ticket (HK$): $50 Wilson Group Exemption clause on loss of vehicle/property: Yes Exemption clause on personal injury: No Extra charge for loss of parking ticket (HK$): No SOURCE: CONSUMER COUNCIL
