On July 9, Pengchao journalists learned from the Peoples Court of Xuhui District in Shanghai that Wuchong was sued by the car rental company to Xuhui Court recently, demanding that Wuchong bear the cost of car rental because of traffic violations.
According to the court, Wu Chong came to Shanghai to work and got his drivers license at the age of 18. As he had no car under his name, he rented a shared car.
From 23:50 on February 1, 2009 to 19:03 on February 9, in less than 8 days, Wuchong left Shanghai in violation of the contract. In Suzhou, Yancheng, Huaian and other places, 21 times of traffic violations were committed due to speeding, violation of signal lights, non-steering Lane driving and irregular turnaround. A total of 4100 yuan was fined and 125 points were deducted.
After the leasing company found out, it called Wuchong many times, sent short messages, sent notices and so on, demanding that it deal with the traffic violations of the vehicle as soon as possible. But as of the day of the trial, Wuchong did not deal with it.
On April 12, the leasing company filed a lawsuit against Wu Chong.
The leasing company believes that due to a large number of traffic violations, the car involved can not continue to drive on the road at present, resulting in the loss of the companys shutdown. According to the agreement signed by the two parties before the service, if the defendant causes the plaintiffs vehicle traffic violation and is unable to operate, the defendant shall pay a liquidated damages of 200 yuan per day in addition to the outage loss, and shall pay a liquidated damages according to the standard of 200 yuan per day until all the traffic violations during the lease period have been disposed of and eliminated.
Wu Chong said that at present, there is no economic capacity to immediately solve the problem of illegal traffic, hoping to be lenient for four months. At the same time, he also believes that the rental companys requirement of 200 yuan per day is too high.
After trial, the court held that it was reasonable for the plaintiff to calculate the outage loss according to the standard of 200 yuan/day per day according to the user service agreement and the operating income of the vehicles involved. As for the starting date of outage loss, according to the clause that the plaintiff inquired whether the vehicle was illegal 10 days after the return of the vehicle according to the user service agreement, the starting date of outage loss should start from February 20. Although the penalty for breach of contract is clearly stipulated in the customer service agreement, the defendant is required to pay the penalty for breach of contract according to the standard of loss after assuming the loss of outage. In the case of excessive standard, the court adjusts the penalty to 60 yuan per day according to law. Finally, the court decided that Wuchong should pay the leasing company according to the above criteria until the day when the vehicle involved in the case was dealt with illegally.
Source of this article: PengMei News Responsible Editor: Gu Yunting_NBJS8499