Another loud scandal between the car owner and the parking lot this time happened in Moscow. Businessman Denisov left his Nissan in the parking lot of Domodedovo airport for three days, and on arrival, he found broken locks in the doors and bricks instead of wheels at his "Japanese woman". After long proceedings, it turned out that nobody has been guarding the parking for two months already - however, the money of its owners continues to take regularly: 500 rubles per day.
Nevertheless, the owners of the parking lot categorically refused to pay compensation for the property but made a "wise and fair" decision not to take money from Denisov for a three-day downtime car. Still, he suffered...
Why has the case been resolved in this way? Because to compensate the client had to present a receipt of payment for parking, as well as the contract between the car owner and the same parking lot, certifying the appearance and completeness of the car. Of course, the victim did not have one or the other.
And where would they come from if the receipt at the airports is issued when leaving the parking lot (or airport), and Denisov, when he saw the car disassembled, of course, would have rushed to pay for the "simple" one last time? And the second document - the contract - is not made on parking lots at all never.
IT IS POSSIBLE TO GET COMPENSATION, BUT IT IS DIFFICULT
A year and a half ago, there was an incident in Russia when the injured car owner was defended by the Supreme Court. Then the Muscovite M., who had been using the services of one parking lot for many years now, once in the morning did not find his "iron horse" in the same place. The guards only scattered with their hands - they did not see anything! Then the driver sued the owners of the parking lot and went through all the instances - from the district court to the Supreme Court, the last one and decided to pay the entire cost of the car.
However, it was an isolated case, and it did not mean that after the decision of the Supreme Court all parking lots would have to pay compensation. The fact is that the Supreme Court - unlike the Constitutional Court - is not a legislative body, and its decision on one private case does not automatically become a law for everyone.
According to Dmitry Yanin, Chairman of the Board of the Confederation of Consumer Societies, the Russian legislation does not even have such a notion - "parking" (as opposed to "parking" - about it below). It means that there is no one to sue and no one to sue. That's why parkers collect money from drivers at all but do not bear any responsibility for the cars entrusted to them.
- The Civil Code says that "parking" is a place to store and preserve cars. When parking the car, the driver should be given a contract with a description of all scratches of the car (if any).
- There is no mention of "parking" in the legislation. When the car is delivered, the driver only receives a money ticket. And no obligations.
HOW DO I REPEL MY BLOOD MONEY?
If you are ready to waste time and nerves, file a complaint about parking in the district court. Show proof that you have rented your car for this particular parking lot (it may be a coupon, a check, testimony of witnesses, etc.). And attach the decision of the Supreme Court on an identical case (at least this note). If it does not work, please contact the Supreme Court.
- It is necessary to draw up a written complaint and assess the damage," explained Dmitri Lesniak, the lawyer of the Public Oversight Service, to the RG correspondent. - It is also necessary to involve an expert company, which will determine the amount of damage more accurately. With this conclusion, it is necessary for avtoindent.ru to once again write a complaint to the organization engaged in the operation of parking at the airport. If she refuses to compensate for the damage, she will go to court.