“the front, the door, the back, the back of the trunk
It's been a long time
Go into the pit and see if there's a hole."
Mr. Chengdu yang, when travelling to pick up cars after a week, parked millions of mercedes cars in the parking lot, was surprised that his favorite car had become a “fast cat” and needed almost $12,000 for repairs。
01
Parking for a week
Millions of limousines are surrounded by pits
“it is so gruesome that not only scratches, but also pits, which are clearly maliciously damaged.” mr. Yang was outraged by his accident and told the red star journalist that he had rented a non-fixed parking space at a monthly rent of $550 from 2017, in a common parking lot in downtown west city. On 22 january this year, as a result of a mission, the vehicle was parked in the parking lot and was not used. A week later, when they picked up the car, they found themselves in love with the car, and there were dozens of scarring marks around it。
At the scene, journalists saw a black mercedes s320l car damaged, the most severe of which was in the back of the trunk, with the entire lid scratched, looking closely, the scratching was dented and felt to have been severely damaged by blunt instruments, while the rest had different degrees of scratches on the front, back and door。
After that, mr. Yang found that the vehicle was intact when it entered the garage and damaged when it was taken out, but unfortunately the surveillance did not capture who did it. Subsequently, mr. Yang took the vehicle to the 4s shop, where he tested and indicated that maintenance costs of $11166 were required。
In response, mr. Yang argued that the property company in charge of the garage management suffered from mismanagement and was responsible for damage to the vehicle. “i parked my car less than 20 metres away from the security guard, and no one found such a bad damage.”
02
Property response
Provision of premises without custodial responsibility
On the afternoon of 12 february, journalists followed mr. Yang to the property company, whose project manager, ms. Sun, admitted that the vehicle had indeed been damaged in the parking lot but that the property would not be compensated. “the property only provides for the use of the vehicle site and does not have custody obligations.” ms. Sun said that there was an agreement in the parking agreement between the parties and that it had been posted in the parking lot that, in the event of mr. Yang's encounter, the property would be compensated by an appropriate reduction in parking fees。
However, the cost of the reduction was far from sufficient, and mr. Yang could not accept it. In response, property indicated that if it was not satisfied with the consultation programme, it could only be resolved through litigation。
Counsel
The parties do not constitute custody contracts
Partial compensation for damage to vehicles within safety and security obligations
According to wang young-jin, a lawyer at the blue plum (sungdu) law firm in beijing, “the custody contract is a contract for the depositor to be delivered by the custodian and returned to him”, according to article 365 of the contract law, the owner of the mercedes only rented the premises of the property company, did not deliver the mercedes to the property company, nor could the property company itself control the vehicle, and the parties did not constitute a custodial relationship。
However, as property companies are required to provide property services, they should be partially liable for damage to vehicles within the safety and security obligations that can be protected if no specific aggressor is identified。
Sichuan and sichuan law firm lawyers are of the opinion that the property industry has a responsibility and obligation to assist in the security of the sub-districts under the sichuan property regulations, while parking within the sub-districts is generally not a contract for the custody of vehicles。
The garage, which is generally only provided for parking spaces, does not represent a safekeeping of a direct vehicle, and is generally not held liable by the management firm. If a specific infringer can be found, civil liability is incurred by the specific infringer。
If the aggressor cannot be found, such scratches are not compensable in principle. However, if the vehicle was stolen and the property was at fault, it should be compensated。
