Recently, the "reverse erasure" released by the Wuhan Citizen Hotline has attracted widespread attention. Jiupai News noticed that some citizens mentioned that the handling of parking time is unreasonable, and the billing method of "turning zero into whole" parking lots is similar to the "reverse erasure" of merchant charges.
The citizen believes that the parking time is calculated by the hour, and the parking time is calculated by the hour, and the parking for less than one hour is calculated as one hour, which is the performance of "reverse erasure". He said that since it is charged by the hour, the charge should be calculated after stopping for one hour, and if it is less than an hour, it should be charged according to the actual time. Otherwise, the rights and interests of consumers are invisibly infringed.
Citizens discuss the collection of parking fees. Photo/Wuhan Citizen Hotline Official Account
[1] Citizens: The timing of the parking lot is not accurate, so they have to time the parking by themselves to avoid being "wronged".
On July 1, the reporter visited a number of public parking lots in Wuhan and learned that according to the provisions of the hourly charge is clearly marked, the billing standard and method will be listed at the entrance, and there is no situation of deceiving consumers.
The staff of the parking lot said that when the public chose to enter the park, they must have seen the price and recognized this billing method before entering.
A parking lot is full of vehicles. Photo/Jiupai News reporter Ou Qiaoyu
Mr. Liu, a citizen who drove out to pay the bill, told reporters that he thought that such a billing method was unreasonable, and that he would be charged an extra hour for more than a few minutes, and that there was no precise management, and the fees charged were not convincing enough.
"As soon as the car stops, everyone starts timing themselves. If I want to avoid this kind of 'injustice', in places where parking fees are relatively high, I always pinch the time to park, and I will think about how long I want to park. Mr. Liu said that he was a little tired, but everyone should be like this, the timing of the parking lot is not accurate, and the citizens have to time it themselves in order to save some money.
In fact, there is such a phenomenon of "turning parts into wholes" charges all over the country. Last year, China Youth Daily published an article "1 minute overtime is equal to 1 hour overtime, is the parking fee reduced to zero". The Workers' Daily commented on the phenomenon: the parking billing method should be more accurate and warm.
[2] Lawyer 1: Although it is not illegal, it is suspected of "fighting for small profits and losing the hearts of the people".
So, does the "zero-to-whole" parking fee constitute an infringement of consumer rights? How can we improve to balance the two sides and solve the problem?
In this regard, Tang Bin, deputy director of Hubei Ruitong Tianyuan Law Firm, told reporters that according to the relevant regulations on motor vehicle parking service charges in Wuhan, parking service charges are subject to government pricing, government guidance and market adjustment prices.
Among them, the implementation of market adjustment price, by the parking lot operator in accordance with the price laws, regulations, according to the market conditions to determine the charging standards. At present, "hourly billing, zero-to-whole" is the billing method adopted by many parking lots in Wuhan. The billing method, if in line with the provisions of the city's motor vehicle parking service charges, and after the review and filing of the relevant management departments, the operator also in accordance with the law in a prominent position to publicize the parking service charge price board, indicating the type of parked vehicles, charging standards, billing units and supervision telephones. In principle, it does not infringe on the right to know, the right to choose and the right to fair trade of the majority of car owners.
It is worth noting that the issue of parking fees is a livelihood issue that is closely related to the lives of the masses. Although this method of charging fees is not illegal, it is suspected of "competing for small profits and losing the hearts of the people", and it is indeed debatable.
In this regard, it is recommended that relevant departments and operators introduce more reasonable and fair billing standards. For example, if the technical conditions support, it can be considered to charge according to the minute standard for parking periods of more than one hour but less than one hour. With the humanization of institutional norms, it highlights the temperature of the city and stimulates the vitality of the market.
[3] Lawyer 2: It may constitute an "overlord clause", and it is recommended to refine the timing rules
In real life, many car owners do not understand the billing standard when they enter the parking lot, and Mr. Lu, the party involved in the article published by China Youth Daily, said that "I did not pay attention to the public notice board".
For the above-mentioned parking lot staff, the billing standard is publicized and the price is clearly marked, and the public is acknowledging the price system when they enter the park. Is there a suspicion of an "overlord clause"?
Publicity of the billing method of a parking lot. Picture/Network screenshot
Fu Jian, director of Henan Zejin Law Firm, believes that according to the provisions of the Civil Code, standard clauses are clauses that are drafted in advance by the parties for repeated use and are not negotiated with the other party when entering into a contract.
In daily life, the content of the fees announced in the parking lot is generally not negotiated with the owner of the parking lot, but is drafted in advance, and the owner who enters the parking lot is deemed to have accepted and agreed to the above rules. Therefore, more than one or two minutes will be charged as an hour, which is a standard clause. This measurement method maximizes the interests of service providers and harms the rights of consumers.
From a legal point of view, this billing method may constitute an overlord clause. Whether there is a violation of the law also needs to be judged in combination with specific legal provisions and actual conditions.
Li Yingqi, a lawyer at Hunan Furong Law Firm, also said that according to the Price Law, one of the basic principles of pricing is the principle of fairness and good faith. The Civil Code also stipulates that business operators cannot increase the burden on consumers and reduce their own liabilities by means of standard clauses or store announcements.
Parking overtime for 1 minute will be charged according to 1 hour, which is obviously only beneficial to the business, not to the consumer, and the hourly charge is not conducive to the car owners to stop and walk quickly.
Therefore, it is recommended that all parking lot business units reduce the time of the billing unit in accordance with the management measures and improve the utilization rate of parking lots. At the same time, it is recommended that relevant departments and enterprises refine the rules for timed consumption and formulate relatively fair implementation rules from the perspective of improving transaction efficiency and taking into account the protection of consumer rights and interests.
Source: Jiupai News