Marie Drove Her Car to a Parkade and the Attendant

Essay

Marie drove her car to a parkade and the attendant took her keys saying he would park the vehicle and he needed the keys since the vehicle might be required to be moved. In the parkade, vehicles were parked in two tiers. To remove a vehicle from the second tier, it was necessary to move the vehicle immediately in front of it in the first tier. Marie paid for the parking and was given a ticket with her vehicle license number written on it. At the entrance to the parkade two signs were prominently displayed, one requesting that the conditions on the ticket be read and the other stating that the car with its contents were left at the owner's risk. The conditions on the ticket repeated that the car was parked at the owner's risk and that charges were only for parking space use and that the parkade assumed no responsibility for loss through fire, theft, collision or otherwise to the car or its contents whether due to the parkade's negligence or otherwise. During the day Marie's vehicle was temporarily parked on the street immediately in front of the parkade to accommodate the removal of several vehicles. The attendant threw the keys under the front seat and left the car unlocked. The vehicle was stolen and never recovered. Marie said she did not see the signs nor read the conditions on the ticket. Identify the issues raised by these facts. Should Marie succeed in an action against the parkade?