Stop please note that the following three of the parking lot will not pay for it

On January 20, the Beijing morning post - 】 along with the popularity of driving, because the parking dispute lawsuit also on the rise.Yesterday, reporters learned from the Beijing chaoyang court, many owners have this misunderstanding, think that as long as the car parked in the parking lot, vehicles damaged happens by parking lot & other;The check & throughout;.As a matter of fact, parking for vehicles damaged not all liability, under the condition of three kinds of franchise.

1. Temporary roadway taking-up parking lot
no special liability prescribed
case: Mr Ran an accord car driving to work every day, because of the unit in the vehicle has been saturated, he parked his car in a temporary presence on the side of the road not far from the unit in the parking lot, and dealt with long-term parking permit, parking management fee RMB 100 yuan per month.One day after work, Mr Jean valjean found the car is stolen, the management to the side of the road temporary presence of parking company appeal, claim damages for the stolen vehicle.

the court held that the roadside presence only responsible for parking lot for motor vehicle rental sites shall be parked and its cost is only a venue rental fee rather than the safekeeping fee, so the roadside encroachments parking lot do not need to bear the stolen vehicle liability to pay compensation.

comments: according to the chaoyang court, represented by temporary roadway taking-up parking lot venue rental car park, unless otherwise specifically agreed owner and parking lot set up keeping relationship of special circumstances, the owners and parking lot parking Spaces, is established between the temporary lease contract relationship, the owner pays the fee is only a venue rental fees rather than the safekeeping fee, lost, damaged, which occurred in parking vehicles in the parking lot is not liable for safekeeping.

however, temporary roadway taking-up parking lot at the same time bear in prominent place marked & other;Temporary parking lot & throughout;Words and grant fee to owners should be clearly marked on on the proof, the charge for parking Spaces, the duty of the rent fee.If did not fulfil to owners have reason to believe that form with the parking lot of motor vehicles of safekeeping contract relationship, parking lot should be accountable.

2. The free parking lot

not gross negligence liability

example: ms Yang driving to a village to visit a friend, he parked his car in the underground parking lot.Although the underground garage have security guards on duty, but there is no person to ms Yang vehicles formalities charge.Ms Yang will be found when you pick up the car body by artificial damage, because such negotiations fail, then sued for property company vehicles loss compensation.

the court held that for parking lot are not charge for parking, ms Yang has not pay parking fees, thus free safekeeping contract relationship is established between both sides.Property company in the parking lot with specialized personnel on duty, and a security patrol on a regular basis, proper management obligation has been met, there is no evidence that the property company of vehicle loss with intent or major negligence, the court ruling ms Yang.

comments: if it is a free parking, parking lot, just to keep the vehicle in the damage to or loss of the presence of intentional misconduct or gross negligence to be liable for damages.But if is provided in stores, restaurants and other places of consumer & otherFree parking & throughout;, should be provided to customers who a supporting services, commercial behavior is, in this case cannot be defined as free parking lot, parking lot shall bear corresponding liability for loss of parking vehicles.So organs, enterprises and institutions such as the consumer place free parking lot, parking lot not intentional misconduct or gross negligence shall bear the liability for compensation.