Source: Urban Live Original
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Mr. Wang from Nanchang, Jiangxi
I've been annoyed lately
Because of the car maintenance thing 5 years ago
It has been dragged on until now
It hasn't been solved yet
He had to turn to "City Scene" for help
Mr. Wang said that in October 2019, he handed over 12 concrete mixer trucks to Nanchang Dongda Automobile Service Co., Ltd. for maintenance.
Mr. Wang: After being introduced, I gave 12 mixer trucks of our company to the owner of a repair shop surnamed Jiang for maintenance, and he said that it would cost 3 to 4,000 yuan a piece.
A month later, Mr. Wang first picked up the five cars that had been repaired.
Mr. Wang: At that time, the boss of the repair shop Jiang said that he had no money, so he asked me to pay him 30,000 yuan in advance so that he could turn around, and all the expenses would be settled when the car was picked up. At that time, I also agreed, I will pay more than 30,000 yuan for 12 cars, and I can pay 30,000 yuan first.
Mr. Wang said that due to the epidemic, the repair shop was closed several times, and he was injured in a car accident, and he did not go to pick up the remaining seven cars until January last year. Mr. Wang was shocked when he saw the bill.
Mr. Wang: Originally, he said that it was 3 to 4,000 yuan a car, but now he has calculated that it is more than 10,000 yuan a car.
On the list of settlements issued by the workshop, in addition to the cost of maintenance, there are more than 30 replacement parts per car.
Mr. Wang: Maintenance has included all the things such as oil change and brake line, and he has recalculated it, which is the first; the second is that the accessories for each car are basically the same, the lights and assembly switches, it is impossible for every car to be the same as the broken one?
On the list of expenses, there are several thousand yuan of annual vehicle inspection fees for each car, and thousands of yuan of parking fees for each of the seven vehicles.
Mr. Wang: The testing standard was 800 yuan at that time, that is, 800 yuan for an annual review, and I also admitted that he counted 1200, which means that you have worked for labor. But he counted 3 years, and every car was 3 years.
According to this calculation, in addition to the previous advance payment of 30,000 yuan, Mr. Wang also had to pay more than 110,000 yuan to the other party.
Mr. Wang: He said that he replaced me with parts, but there were no replacement parts, no standards, and no invoices, do you think I can pay him? Another is that his repair shop makes a list of its own printers, just to approve it, and he said that if you don't take the money, you can't do it, and you are not allowed to drive the car away.
Afterwards, Mr. Wang communicated with the other party many times, but the other party was always resolute and there was no room for negotiation.
Mr. Wang: I said that even if you didn't repair these cars, I would admit your repair costs, but I would not recognize your sky-high parking fees and sky-high annual inspection fees.
In the process, because two of the mixer trucks expired their annual inspection, under the coordination of the traffic police, the other party released the car, and the remaining five vehicles are still detained by the repair shop.
Mr. Wang: I also reported 110, and 110 also said at the time, he said that you must take the whole invoice to others, and they will pay, and he said that he didn't, and my repair shop is like that. I've thought of everything I can think of now, but now I really can't help it.
Is the whole thing really as Mr. Wang said, and how did the hundreds of thousands of dollars come about? In order to understand the ins and outs of the matter, the reporters from the city contacted Mr. Jiang, the person in charge of the Nanchang Dongda Automobile Service Co., Ltd.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: Mr. Wang's car was put there for two or three years and could not be moved, we were dragged over, even maintenance, even repair, even brakes and everything was done, and he was called to pick up the car, and we communicated before the car was repaired. He paid part of the money for the first five cars, and then took the back car to me for repair, so I let him pick up the front car.
Jiang Xian said that because the other party's mixer trucks were parked for too long and could not be used, the replacement parts were basically the same.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: He approved it, and I called him how much and what he wanted before each car was repaired. How is it different? The annual inspection is that the brake arm is rusted and has to be replaced, almost all of them are the same, just these few things. You don't believe that you can take a new car and leave it for two or three years to change these things.
As for the annual inspection of the vehicle, Mr. Jiang said that he also helped according to the requirements of the other party, and the cost was so much at that time. As for why there is no invoice, Mr. Jiang still thinks about it for the purpose of saving money for the other party.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: Because it is a special vehicle, we ask a driver to drive it to the annual inspection station for 300 yuan a day. And before the epidemic, it was necessary to inspect it every year, and the price of asking for bills was different from not asking for bills.
When it comes to the issue of parking fees, Mr. Jiang believes that this is also reasonable.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: The place we rented is 25 yuan a square meter per month, and you can calculate how much his car occupies? And I clearly told him, I said that you should pick up the car at that time, forget it, if you don't pick it up, this must be counted as a parking fee.
Mr. Jiang said that after the next seven cars were repaired, they kept urging each other to come and get the cars, but the other party never came.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: We made at least 20 phone calls after we repaired it, and I said that your car should be taken over quickly, we used to call three festivals a year, and he ignored it. It is estimated that he did not pick up the construction site and couldn't rent it, so he dragged it here.
Mr. Jiang believes that Mr. Wang's current statement is shirking responsibility.
Mr. Jiang, the person in charge of Nanchang Dongda Automobile Service Co., Ltd.: Anyway, you have questions, your first batch of cars has come out, will you take the second batch of cars for me to repair? You have already received a batch of cars, you have not mentioned this matter, you are still talking about this and that, do you think this is a problem or a scoundrel?
As for the reasonableness of the fee charge, the two sides insist on their own words, and the contradiction is difficult to reconcile. Mr. Wang told the city scene reporter that the total value of the five mixer trucks he is now detained is about 3.6 million, and the loss of not being able to start work is also very large.
Lawyer Xiao Jie: This involves the provisions on the right of retention in our Civil Code. To put it simply, if I repair the car for you, and you don't pay, you can take the relevant vehicle and ask him to pay.
Article 447 of the Civil Code: If the debtor fails to perform the debts due, the creditor may retain the debtor's movable property that has been lawfully in its possession and has the right to be repaid in priority for the movable property.
Lawyer Xiao Jie: But there are clear restrictions on the exercise of the lien, for example, if you owe me 10,000 yuan, I will retain your millions of goods, which is obviously wrong. Similarly, if the maintenance fee or agency fee for these dozen cars is 100,000 yuan, then you can choose one of the cars of equal value to retain, and the other vehicles should be returned.
Article 450 of the Civil Code: Where the retained property is divisible, the value of the retained property shall be equal to the amount of the debt. As for the issue of the repair shop charging parking fees, lawyer Xiao believes that it depends on the situation.
Lawyer Xiao Jie: For car repair, parking itself should be parked for maintenance, and relevant fees cannot be charged extra. However, if there are too many vehicles and you need to park outside, and you incur a certain amount of storage costs, these reasonable storage costs can be claimed.
At the same time, Mr. Xiao also pointed out that any service charges should be provided with corresponding formal bills.
Lawyer Xiao Jie: If I provide services and can produce bills, the corresponding purchase and replacement records are reasonable and should be supported. However, if there is no corresponding service or the corresponding bill and corresponding service content cannot be provided, then this is unreasonable, and such an act of asking for a sky-high price is undesirable and clearly violates the law.
The lawyer suggested that if the two parties could not negotiate, Mr. Wang could protect his rights and interests through legal channels.
Lawyer Xiao Jie: For the car owner, our repair shop obviously exceeds the necessary conditions of the lien, so you can sue to return the vehicle and compensate for the corresponding losses.