Dialogue with "roof rights protection" car owners: Almost a year after the rights protection, Tesla has still not provided complete data

On the morning of December 24, Ms. Zhang of "Roof Rights Protection" sued Tesla (Shanghai) Co., Ltd., Tesla Motors (Beijing) Co., Ltd., and Tao Lin, global vice president of Tesla Company, for a dispute over the right to reputation, which was heard at the Beiguan District People's Court in Anyang City, Henan Province.

Pictured from Weibo @ Coral in Tamsui.

On December 29, the defender of the rights car claimed that the woman claimed through her personal Weibo @ Tamsui Coral that her reputation dispute with Tesla had been completed. The problem of brake failure, which is of greatest concern to the public, is still being dealt with by the General Administration of Quality Supervision, Inspection and Quarantine and the courts.

The lawsuit originated on April 19 this year, when Ms. Zhang appeared at the Tesla booth of the Shanghai Auto Show wearing a "brake failure" T-shirt and stood on the roof of the car shouting "Tesla brake failure", causing concern. On April 20, Shanghai police reported that Zhang had been sentenced to five days of administrative detention for disturbing public order.

What Ms. Zhang called a "brake failure" incident was an accident in her father's february. According to Ms. Zhang's interview with the media and description on social networking sites, when Ms. Zhang's father drove the Tesla Model 3 on the national highway, the brakes failed, resulting in a collision, and Ms. Zhang's parents were injured in the accident.

After the "roof rights protection" incident, Tesla denied that the car had a brake failure. Tesla said it had not been able to reach an agreement with Ms. Zhang on the issue of vehicle detection.

On the afternoon of April 19, Tao Lin, vice president of Tesla China, said in response to the media that "we cannot respond to her demands, she insists on high compensation", "the recent negatives are all given by her", "I think she is very professional". This has also become the focus of this dispute over the right to reputation.

Recently, more than eight months after the "roof rights protection" incident, the defender of the rights car advocated that the lady accepted the Nandu · The AI outpost interview revealed some details of the trial, responded to netizens' concerns about the truth of "brake failure", and explained why he has not accepted third-party testing of vehicles. She said that the right to reputation lawsuit is just the beginning, and the dispute over quality issues has also entered the judicial process, which is the core of the whole incident, and she will never give up.

The following is Nandu · AI outpost conversation with Ms. Zhang.

1

"Never asked for high compensation, Tesla is maliciously guiding public opinion"

Nandu: What is the focus of the case when you sue Tesla for infringement of the right to reputation?

Ms. Zhang: The hearing was mainly aimed at some false statements made by Ms. Tao Lin, Tesla's global vice president, and Tesla's official Microblogs in Beijing and Shanghai about my incident. On April 19, after the "roof rights protection" incident at the Shanghai Auto Show, Ms. Tao Lin said in an interview with media reporters that they provided a lot of solutions that I did not agree with, saying that I wanted high compensation, and said that the recent negatives were all provided by me, saying that I was professional and that there were people behind it. I feel that this is maliciously misleading public opinion, distorting the facts, and throwing dirty water on me, which is one of the main controversies [in this lawsuit].

Tesla once said on the official Weibo that during my rights protection period, their local police officers went out to the police an average of 5 times a day. Can they submit evidence to the court? I think this is to slander me and make everyone think that I am a professional "car trouble", I think Tesla's official Weibo and Ms. Tao Lin's remarks are serious violations of my personal reputation.

Nandu: Ms. Tao Lin said you want high compensation, what is going on?

Ms. Zhang: From the beginning of the accident on February 21 to the Shanghai Auto Show on April 19, there were about 57 days, during which Tesla has only provided me with a solution, that is, I hope that I can agree to the insurance company to settle the claim, after the claim they help me repair the car, after repairing it to help me sell it, they promised to help me sell a good price. There is simply no such thing as "many solutions disagree" that Ms. Tao Lin said, which is the first point.

The second point is that I have not asked for high compensation. On March 6 this year, Tesla's public relations called me to their office and asked me what I wanted, he gave me a piece of paper for me to fill in, I wrote at that time that the first is to return the car, the second is to reasonably compensate for the loss, but I did not mention the amount, I mentioned the medical expenses, because after all, my parents were hospitalized. I think that you (Tesla) either you provide the data to convince me that there's no problem with this car, and I can agree with the insurance company what to fix. If you can't come up with evidence that there's nothing wrong with your vehicle, I think that's if you default and you're paying for my car. But in Tesla's mouth, it becomes "high compensation".

Nandu: What is your claim in this right to reputation lawsuit?

Ms. Zhang: I hope that they will publicly apologize to me for their untrue statements and false statements, and then restore my personal reputation, because they have portrayed me as a professional car hustler to the outside world, as if I was blackmailing them, and I think this is too unfair.

Nandu: Was the trial smooth? What are your expectations for the results?

Ms. Zhang: Because my evidence is relatively sufficient, I am still quite sure about this case. Tesla failed to present evidence in court that I was demanding high damages.

And, regarding the question that I did not agree with the third-party testing, I asked Tesla's legal representative, Tesla does not provide complete data, which third-party testing agency can I go to detect the brakes Is there a problem? Tesla's legal counsel said that Tesla's system is a purely mechanical structure that can be detected by third parties. However, people all over the world know that Tesla's braking system is controlled by electronic modules, not purely mechanical systems.

2

"It's been almost a year since Tesla provided me with complete data."

Nandu: Many netizens have questions, why is the case about the right to reputation and not the failure of the brakes?

Ms. Zhang: Because the right to reputation was the first to file a case, other lawsuits are going through judicial procedures, and the General Administration of Quality Supervision, Inspection and Quarantine is still investigating.

Nandu: I heard that your car has not been tested so far?

Ms. Zhang: Right. On March 9th, I formally complained to the local market supervision department. When the three parties sat together to mediate, I was told that because my car was imported, there was only one agency in China that tested imported new energy vehicles, that is, the China Quality Certification Center. I think it is very strange, why is there only one testing agency in China? Later, after I checked the Internet, I found that this institution has a cooperative relationship with Tesla, and it does not have judicial qualifications, and it cannot identify the quality of the accident vehicle at all.

I learned that Tesla's braking system and the braking system of ordinary vehicles are not the same, it is not a purely mechanical system. So what I've been asking for is data.

Nandu: That is to say, you did not accept third-party testing before you got the data?

Ms. Zhang: Right. Before getting the complete data, I can't accept third-party testing without judicial qualifications, because data is an important basis for testing, and without complete data, I can't get true, scientific and accurate testing and identification results.

Nandu: But after the "roof rights protection", the Zhengzhou Municipal Supervision Bureau ordered Tesla to provide you with the data.

Ms. Zhang: On April 22nd, they provided me with a copy of the data, and they also released the data of my vehicle for one minute without my consent. But then I contacted other Tesla owners and found that Tesla provided more than 20 data to other owners, but he provided me with only 11 pieces of data, which lacked data that had an important relationship with the brake system, such as the working state of kinetic energy recovery, brake assist, motor torque speed, body motivation, which has an important relationship with the brakes, project parameters that are important to the brakes, are not provided to me.

I compared the data we both got and found that some of the data I had he didn't have, and some of the data he had I didn't have, which proved that Tesla was selectively providing data to car owners, and there was no problem at all from these data.

Nandu: That is to say, after the requirements of the relevant departments, after more than half a year, you still did not get the complete data?

Ms. Zhang: Right. On April 30, when I returned to Zhengzhou from Shanghai, I told the Market Supervision Bureau that the data provided to me by Tesla was incomplete, and I also handed over incomplete evidence to them, and also reported the situation to the Henan Consumer Association, but there was no result. Later, I also went to the State Administration for Market Regulation to complain, and in November they gave me a reply, saying that the case was too complicated and that they needed to extend some working days to file and investigate.

I really want the regulator to do something, if I can solve the problem when I first complained to the regulator, will I still go to the roof of the car? A girl who wants to use this undignified and unsafe way? I was also detained for 5 days for this, which is really wronged.

Nandu: Do you have any connections with other rights defenders? What is their situation?

Ms. Zhang: I added a rights defense group. All the owners in the rights protection group cannot get the complete data. It is difficult for everyone to protect their rights, because data is evidence, and without data, it cannot be identified, and there is no authoritative body to determine responsibility. So there is only one way left is to fight a lawsuit, but there is no data and no forensic identification, what to take to fight a lawsuit? It's hard.

Nandu: The time and economic cost of rights protection are very high, and now that the accident has occurred for almost a year, what if the final appeal is still not met?

Ms. Zhang: I'm already going through the judicial process, albeit very slowly. During this period, my life and spirit were under tremendous pressure, I ran back and forth to Shanghai, Beijing, to find lawyers, to run to the court, my life has been completely changed, as if there is only one thing left to defend rights. I think justice may be late, but the law is just, and if there is a problem with the car, then it's just a matter of how long it takes. I believe in the court's decision.

Written by: Nandu reporter Li Yaning