(Legal form, full name of the organization) represented by (position, full name of the authorized employee of the parking lot), acting on the basis of (documents confirming his authority are indicated), hereinafter referred to as "Parking", on the one hand, and (Full name, passport number and series, issuer, date of issue or other identification document) registered (fill in the correct one) at the address: (indicate the region, district, city, town, village, street, house number, apartment number), hereinafter referred to as (enter the correct one) "Car Owner", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the parking lot undertakes to provide the car owner with a place on its territory at the address: (indicate the exact location) (box, place in a special open area, etc.) for parking the car brand (enter the required one), model (enter the required one) state registration plate (fill in the required) and protect the specified car on their own and with their own means for the entire time the car is in the parking lot, and the car owner undertakes to pay for parking services in accordance with the terms of this agreement.
2. Terms of the contract
2.1. The car park accepts the car owner's car for storage and issues it to the car owner (indicate the car park's working hours) during the entire term of this agreement.
2.2. Entrance to the parking area and exit is carried out by the car owner upon presentation of a pass issued by the parking lot. The pass is issued for the term of this agreement and contains information about the brand, model and state registration plate of the car owner's car.
2.3. When putting the car into storage, the car owner presents the vehicle to an authorized employee of the parking lot for its external examination. At the request of the car owner or an authorized employee of the parking lot, an act is drawn up containing information about the presentation and completeness of the car, which is signed by both parties.
The act is drawn up in two copies, one of which is transferred to the car owner, and the other remains at the parking lot.
2.4. Reception (delivery) of the car is carried out by an authorized employee of the parking lot by affixing (for example, a seal, etc.), painting, date and time (for example, in the act of receiving and issuing a car, etc.). The car owner signs the specified document when the car is deposited or accepted.
2.5. The parties agreed that the price of the car owner's car is (amount in figures and words) RUB.
3. Responsibilities of the car park
3.1. The parking lot is obliged to: 3.1.1. familiarize the car owner with the rules for using the parking lot, safety rules, fire prevention, sanitary and other rules provided for by legislative acts Russian Federation;
3.1.2. accept the specified car for storage and issue it to the car owner (indicate the working hours of the parking lot) during the entire term of this agreement;
3.1.3. to guard the specified car in order to prevent its damage, destruction, dismantling or other infliction of property damage to the Car Owner;
3.1.4. draw up, at the request of the car owner, an appropriate act on the loss (theft), damage or violation of the completeness of the car that occurred during its storage in the parking lot;
3.1.5. bear full financial responsibility for damage caused to the car owner by damage, death, dismantling or other reasons for the entire time the car was in a guarded parking lot, including theft and other criminal encroachments of third parties;
3.1.6. issue a pass to the car owner for a period of up to (date, month, year).
3.1.7. provide other Additional services by agreement with the owner.
3.2. If it is necessary to make extraordinary expenses, the parking lot is obliged to obtain the consent of the car owner for these expenses. At the same time, if the car owner does not report his disagreement within the (value) period from the moment of receiving the notice from the parking lot, it is considered that he agreed to the extraordinary expenses.
4. Parking rights
4.1. The parking lot has the right to require the car owner to pay for car storage services in the amount and within the time limits established by this agreement.
4.2. The parking lot has the right to demand from the car owner reimbursement of expenses incurred that the parties could not foresee at the conclusion of this agreement (extraordinary expenses), if the car owner agreed to these expenses or approved them subsequently.
4.3. In the event that the car park has incurred extraordinary expenses without obtaining prior consent from the Car Owner for these expenses, and the car owner subsequently did not approve them, the car park may claim compensation for extraordinary expenses only to the extent of the damage that could have been caused to the car if these expenses had not been incurred .
4.4. In the event that the car owner does not claim the deposited car after the expiration of this agreement, the parking lot has the right to (meaning) the period after the written notification of the car owner on the basis of judgment seize the car and sell it in the manner prescribed by Articles 447 - 449 of the Civil Code of the Russian Federation. Cash, received by the car park from the sale of the car, after withholding expenses and remuneration for storage, are transferred to the car owner in the following terms and in the following order: (indicate the car owner's bank account number, bank details).
5. Obligations of the car owner
5.1. The car owner must:
5.1.1. pay for the services rendered to him in the amount and in the manner determined by the contract.
5.1.2. reimburse the car park for expenses that the parties could not foresee at the conclusion of this agreement (extraordinary expenses), if the car owner agreed to these expenses or approved them subsequently.
5.1.3. take the car out of the parking area after the expiration of this contract;
5.1.4. notify the parking lot of the loss of this contract and the pass. In this case, the car is issued to the car owner on the basis of his written application upon presentation of a document proving his identity and documents confirming the ownership (use, disposal) of the car;
5.1.5. comply with the rules for using the parking lot, safety regulations, fire prevention, sanitary and other rules stipulated by the legislative acts of the Russian Federation.
6. Rights of the car owner
6.1. The car owner has the right:
6.1.1. use the parking services in accordance with the terms of this agreement.
6.1.2. refuse to pay for additional services rendered without his consent, and if they have already been paid, demand that the parking lot return the funds paid for them;
6.1.3. terminate this agreement at any time by paying the car park part of the car storage price depending on the storage time and reimburse the costs incurred by the car park up to this point in order to fulfill the contract, if they are not included in the specified part of the service price.
7. The amount and procedure for paying for parking services
7.1. The car owner pays a fee to the parking lot for storing the car at the rate of (amount in figures and words) rubles. per (for example, hour, day, week, etc.).
7.2. Storage fees are charged for the following periods: (for example, daily, weekly, ten-day, monthly, etc.) and paid (for example, before the start, at the end, etc.) of each period.
Option 1:
Cash is deposited at the cash desk (name of organization).
Option 2:
7.4. The funds are transferred to the bank account (name of organization) N (enter the required one), opened in (full name of the bank or other credit institution).
8. Liability of the parties
8.1. The parking lot is fully liable for damage caused to the car owner by damage, death, dismantling or other reasons for the entire time the car was in the guarded parking lot, including theft and other criminal encroachments of third parties.
8.2. The parking lot is released from liability if it proves that the loss or damage to the car occurred as a result of the intent or gross negligence of the car owner.
8.3. In case of delay in payments for the storage of the vehicle, the Car Owner shall pay a fine to the Car Park in the amount of (value) % of the contract amount for each day of delay.
8.4. Termination (expiration) of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties from liability for violations of the agreement, if any occurred during the performance of the terms of this agreement.
8.5. The parties are released from liability for failure to perform or improper performance of obligations under the contract in the event of insurmountable obstacles, which are understood as: natural disasters, riots, prohibitive actions of the authorities and other force majeure circumstances.
9. Contract term
This agreement is concluded by the parties for a period from (day, month, year) to (day, month, year).
10. Other provisions
10.1. This agreement may be amended and (or) supplemented by the parties during the period of its validity on the basis of their mutual consent. Changes and (or) additions to the contract, as well as all agreements between the parking lot and the car owner are made in writing and signed by the parties.
10.2. Disputes between the parties are resolved through negotiations. If the parties fail to resolve the disagreements that have arisen, the dispute is resolved in court.
10.3. This Agreement is made in duplicate, having equal legal force. One copy of the contract is transferred to the car owner, and the other remains at the parking lot.
The car has long and firmly moved from the category of luxury to the category of means of transportation.
With the growth in the number of cars, the demand for parking services also increases accordingly. What does the consumer need to know in order for the temporary storage of the car to be safe, and what to do in the event that the contractor caused damage to property as a result of improper storage of your property?
First of all, you need to familiarize yourself with the "Rules for the provision of parking services", approved by the Decree of the Government of the Russian Federation of November 17, 2001 (hereinafter referred to as the Rules).
It's important to know! It is necessary to transfer the car for temporary storage only after the conclusion of an agreement with the contractor. The contractor is obliged to conclude an agreement with the consumer.
The contract is concluded in writing and must contain the following information:
Name and location (legal address) of the executing organization or full name of an individual entrepreneur, information about his state registration;
Name, telephone number and address of the consumer;
Date of conclusion of the contract, period of storage of the motor vehicle;
The price of the motor vehicle storage service, the price of additional services provided for a fee, as well as the form and procedure for their payment;
Make, model and state registration plate of the motor vehicle accepted for storage;
The price of a motor vehicle, determined by agreement of the parties;
Conditions for the storage of motor vehicles;
The procedure for receiving and issuing a motor vehicle;
Position, full name of the authorized employee of the contractor who draws up the contract, his signature, as well as the signature of the consumer.
In case of multiple entries to and exits from the parking lot, at the conclusion of the contract, a permanent pass is issued, which indicates the make, model and state registration plate of the motor vehicle, the number of the parking lot, and the period of validity of the pass.
In case of a short-term one-time parking of a vehicle in a parking lot (for a period of not more than one day), the conclusion of an agreement can be carried out by issuing an appropriate document (safety receipt, receipt, etc.) to the consumer indicating the state registration plate of the motor vehicle.
The contract (safety receipt, receipt) is drawn up in 2 copies, one of which is transferred to the consumer, and the other remains with the contractor.
At the entrance to the parking lot, the consumer presents the contractor with a motor vehicle for external inspection, as well as an agreement or a document certifying the conclusion of the agreement.
In order to leave the parking lot during a one-time storage of the motor vehicle, the consumer is obliged to present to the authorized employee of the contractor a document certifying the acceptance of the motor vehicle for storage (safety receipt, receipt, etc.), and also confirm the return of the motor vehicle to him with a personal signature, which is affixed to the presence of an authorized employee of the contractor on the original and a copy of the specified document.
At the request of the contractor, the consumer is obliged to present a document proving his identity, and documents confirming the ownership (use, disposal) of the motor vehicle.
But what to do if, when picking up a car from a paid parking lot in the evening, you find scratches or damage that were not there in the morning?
In case of loss (theft), damage or violation of the completeness of the motor vehicle that occurred during its storage in the parking lot, the contractor is obliged, at the request of the consumer, to draw up an appropriate act, which is signed by the consumer and an authorized employee of the contractor. The act is drawn up in 2 copies, one of which is transferred to the consumer, and the other remains with the contractor.
When causing direct harm to the life, health and property of the consumer, as well as in case of harm caused as a result of not providing him with complete and reliable information about the service, the consumer has the right to demand compensation for such harm in the manner prescribed by Article 14 of the Law of the Russian Federation "On Protection of Consumer Rights", articles 891, 901 of the Civil Code.
To do this, the consumer must apply to the contractor with a written claim for compensation for harm within the ten-day period established by the Law. The proof of the guilt of the performer will be the above act drawn up.
In addition, we remind you that in case of violation of the terms for the provision of a service or in the provision of a service with a deficiency, the consumer has the right to apply to the contractor with the requirements provided for in Articles 28 and 29 of the Law.
Signboards, (indicating information about the performer and the mode of his work);
Information stand (indicating the list of basic and additional services provided, rules for using the parking lot, prices for basic and additional services, a list of categories of consumers eligible for benefits, samples of documents certifying the acceptance and issue of a motor vehicle by the contractor and payment for services by the consumer, address and telephone number of the contractor for receiving claims).
It is also necessary to pay attention to how the parking lot is equipped (illumination of the territory, the presence of a fence, the presence of surveillance cameras, a sufficient number of security guards, etc.).
Remember! The contractor has an obligation to ensure the safety of your property, and the consumer has the right to choose the contractor!
FOR MOTOR VEHICLES
The taxation system in the form of UTII can be applied to services (clause 4, clause 2, article 346.26 of the Tax Code of the Russian Federation):
On provision for temporary possession (for use) of parking spaces Vehicle;
For the storage of motor vehicles in paid parking lots (with the exception of penalty parking lots).
At the same time, services for the provision of temporary possession (for use) of parking lots for vehicles are subject to UTII from January 1, 2009 (subparagraphs "a", paragraph 16, article 1, article 4 federal law dated July 22, 2008 N 155-FZ).
You can apply the "imputation" if the UTII system for this type of activity has been introduced in your territory in the prescribed manner. And in order to find out, you first need to familiarize yourself with the decision of the local representative body on the introduction of UTII. Just like that legal act paid parking services (car parks) can be converted to UTII in your area.
For example, on the territory of the city of Reutov, Moscow Region, the UTII regime was introduced by the Decision of the Reutov City Council of Deputies of the Moscow Region of November 26, 2008 N 98/2008-NA "On the taxation system in the form of a single tax on imputed income for certain types of activities in the city of Reutov."
At the same time, paid parking services are included in the list of taxable UTII activities (clause 4 clause 2 of the Decision of the Reutov City Council of Deputies of the Moscow Region dated November 26, 2008 N 98/2008-HA).
In cases where the parking lot (parking lot) is located not at your location (place of residence - for individual entrepreneurs), but on the territory of another municipality or region, you need to familiarize yourself with the decision of the local representative body on the introduction of UTII in this territory. After all, it is necessary to pay tax and register as a UTII payer where the parking lot (parking lot) is located (clause 2 of article 346.28 of the Tax Code of the Russian Federation).
Note
Read more about the procedure for registering as a UTII payer in section. 2.3 "Registration (registration) with the tax authorities as UTII payers".
So, if the UTII system has been introduced in relation to services for the provision of temporary possession (for use) of parking spaces for vehicles, as well as for the storage of vehicles in paid parking lots on your territory, in order to apply the special regime, you need to:
Make sure that the services that you provide or plan to provide relate to services for the provision of temporary possession (for use) of parking lots for vehicles, as well as for the storage of vehicles in paid parking lots;
Register as a UTII payer in the manner prescribed by Art. 346.28 of the Tax Code of the Russian Federation;
Observe general restrictions on the use of UTII (clauses 2.1, 2.2 of article 346.26 of the Tax Code of the Russian Federation);
Calculate tax at the end of each quarter and submit reports (tax returns).
Note
For restrictions on the application of the UTII regime and the transition to it, see sec. 2.2 "Restrictions for the transition to UTII and its application."
You can quickly jump to the section you need by following the links below:
sec. 10.1. What activities relate to services for the provision of parking spaces for motor vehicles, as well as for the storage of motor vehicles in paid parking lots (parking lots) >>>
sec. 10.2. Calculation and payment of UTII when providing services for the placement and storage of motor vehicles in paid parking lots (parking lots) >>>
sec. 10.3. Services for the storage of evacuated motor vehicles at the impound lot >>>
Neighboring files in a folder
The business of companies and entrepreneurs in leasing parking spaces for cars or motorcycles, as well as storing them in paid parking lots, can be transferred to the payment of UTII on the basis of paragraphs. 4 p. 2 art. 346.26 of the Tax Code of the Russian Federation. If you are interested in this field of activity, do not miss given material! Because today we will talk in detail about what is important to take into account when calculating the single tax on imputed income for this type of activity.
Question N 1. What kind of contract to conclude with a car parking client
You can transfer two types of services related to parking cars or motorcycles to the payment of an "imputed" tax (clause 4, clause 2, article 346.26 of the Tax Code of the Russian Federation). This:
Leasing of parking spaces for vehicles;
Provision of services for the storage of cars and motorcycles in paid parking lots (with the exception of penalty parking lots).
Immediately, we note that both ordinary citizens and entrepreneurs can be customers of your parking lot. And even organizations. Any restrictions on this account. 26.3 of the Tax Code of the Russian Federation does not contain. So, for example, cars can be stored in your parking lot. transport company, which does not have its own territory for their placement.
Note. Car park services can be used by both physical and legal entities. The category of the client does not affect the possibility of paying UTII.
Pay special attention to the contract under which you will provide the above "imputed" services.
To transfer parking spaces for temporary possession or use, conclude a lease agreement (Article 606 of the Civil Code of the Russian Federation). According to it, you will act as a landlord who transfers parking spaces for use. And clients are tenants who pay a certain fee for using these places. The main nuance is that the contract should specify for what purposes you are transferring space or plots for rent. In particular, it should be clearly stated that the area is leased directly to the parking lot. Because otherwise, the inspectors may interpret your business as a lease of land plots, and not just parking spaces (Letter of the Ministry of Finance of Russia dated 06.06.2012 N 03-11-11 / 178).
And in order to provide car storage services in a paid parking lot, the contract must be different - storage (Article 886 of the Civil Code of the Russian Federation). According to it, the client gives you a thing, in particular a car (motorcycle, moped, etc.), and you undertake to store it and return it safely. In other words, when accepting a vehicle for storage at your parking lot, you are responsible for its safety, damage or loss.
Note that the presence of a conventional written contract in this case is not necessary. You can post the full rules for the provision of services at the entrance to the parking lot. A potential client can get acquainted with them, and if he agrees with the terms of the contract, leave the car and pay a fee for the services. Then the storage agreement will also be considered concluded (clause 3 of article 434 and clause 3 of article 438 of the Civil Code of the Russian Federation).
Note. Parking services for cars and motorcycles intended for sale cannot be imputed
The entire area of your parking lot can be rented by one person. For example, a transport company to accommodate their vehicles. Or a car dealership that needs to store vehicles for sale. In this case, you should clearly define which cars and motorcycles will be located in your parking lot. So, if parking spaces are rented by a company or a businessman who use their own transport, you have the right to pay UTII. And the fact that the entire parking lot is rented by one person does not matter. This was indicated by the Ministry of Finance of Russia in Letter No. 03-11-11/178 dated 06.06.2012.
But if cars intended for resale are stored in your parking lot, you are not entitled to pay the "imputed" tax. The fact is that the transport that will go for sale is a commodity for tax purposes (clause 3 of article 38 of the Tax Code of the Russian Federation). Usually such cars have not yet been registered with the traffic police. Therefore, services for the storage of such vehicles should be considered as the provision of services for the storage of goods. And this type of business does not apply to "imputed" ones. Therefore, it is impossible to pay UTII on it. Such a conclusion is contained in the Letter of the Ministry of Finance of Russia dated July 23, 2009 N 03-11-06 / 3/195.
Question No. 2
To calculate UTII, you will need to know the parking area (clause 3, article 346.29 of the Tax Code of the Russian Federation). At the same time, Ch. 26.3 of the Tax Code of the Russian Federation defines it as total area a land plot on which a paid parking lot is located, determined on the basis of title and inventory documents (Article 346.27 of the Tax Code of the Russian Federation).
It would seem that everything is very clear. It is enough to open a certificate of ownership or a lease agreement for a land plot occupied by a parking lot, take the value of the area from there and calculate UTII. But this is in the ideal case - when the parking area clearly matches the documents and there are no additional buildings on the parking area. In practice, there are various situations in which additional factors must be taken into account. Examples of situations are given in the table on p. 20 - 21.
Difficult situations that arise when determining the area of a car park
|
Explanation |
|
|
Can it be excluded from the calculation? UTII area parking lots occupied by driveways, driveways, security post |
No. The car park is a single complex, which includes not only parking spaces, but also other facilities of the service infrastructure. Therefore, the calculation of UTII should also include the areas occupied by access roads and the guard post. This was indicated by the Ministry of Finance of Russia in Letters No. 03-11-11/2 dated January 17, 2012 and No. 03-11-11/105 dated June 29, 2011. Judges also agree with the financiers (see Resolutions of the Federal Antimonopoly Service of the Moscow District of July 24, 2012 N A41-43637 / 11, FAS of the North-Western District of June 14, 2011 N A05-8091 / 2010, FAS of the East Siberian District of March 23, 2011 N A19 -22489/09) |
|
Should the parking area occupied by a car wash be taken into account when calculating the "imputed" tax? |
The parking area occupied by a car wash can be excluded from the calculation of UTII for parking services. Because car wash services are separate view activities, which can also be translated into "imputation" (Resolutions of the Federal Antimonopoly Service of the Moscow District dated November 3, 2011 N A41-32094 / 10 and dated October 27, 2011 N A41-40921 / 10) |
|
Is it possible not to take into account, when calculating UTII, part of the parking area leased or subleased not for the purpose of parking cars |
The areas leased or subleased are not actually used to accommodate vehicles, therefore, they do not need to be taken into account in the calculation of UTII |
|
Whether to take into account the part of the parking lot used for storing property in the calculation of the "imputed" tax |
UTII should be calculated from the area actually used to provide paid services for the storage of vehicles. And the area on which the property is stored cannot be used by the taxpayer for parking. Therefore, such areas can be excluded from the calculation of the "imputed" tax (Resolution of the Federal Antimonopoly Service of the Volga District dated June 30, 2009 N A12-17245 / 2008) |
|
Is it possible to exclude from the calculation of UTII the parking area that is temporarily not used for parking cars (due to repairs or due to low demand) |
The provisions of Ch. 26.3 of the Tax Code of the Russian Federation do not provide for the division of the parking area into actually used and intended for use. Therefore, if part of the parking lot is temporarily not occupied by cars due to repairs or low demand for parking services, UTII must still be paid from the entire parking area (Letter of the Ministry of Finance of Russia dated 06.02.2012 N 03-11-06 / 3/6, Resolutions of the FAS of the Moscow District dated 05.10.2009 N KG-A41 / 10084-09-P2, FAS of the East Siberian District dated 11/17/2009 N A78-2194 / 2009) |
|
Is it necessary to take into account UTII part of the parking lot that cannot be used to accommodate cars for objective reasons (for example, due to the terrain of the site) |
Parking area that cannot be used to generate income for reasons beyond the control of the taxpayer can be excluded from the calculation of "imputed" income. About this - paragraph 2 of the Ruling of the Constitutional Court of the Russian Federation of March 19, 2009 N 381-O-O, Resolution of the Federal Antimonopoly Service of the North-Western District of January 24, 2012 N A05-2833 / 2011 |
|
What area should be taken into account when calculating UTII, if the parking lot is multi-level |
If a paid parking lot is located on several floors, then when calculating the "imputed" tax, its total area should be taken into account. That is, it is necessary to take into account both the underground and aboveground parts of the multi-level parking (Letters of the Ministry of Finance of Russia dated 02/06/2012 N 03-11-06 / 3/6 and dated 05/15/2009 N 03-11-11 / 81) |
|
Is it possible to exclude from the calculation of the "imputed" tax parking spaces for the disabled, which are provided for use free of charge |
At each parking lot of vehicles, including near trade enterprises, services, medical, sports and cultural and entertainment institutions, there must be parking spaces for disabled people (part 9 of article 15 of the Federal Law of November 24, 1995 N 181-FZ). At the same time, disabled people use these places for free. However, free parking spaces for disabled people should still be included in the calculation of UTII. Since the Tax Code of the Russian Federation does not provide for any special procedure for taxing a parking area for parking special vehicles for disabled people (Letter of the Ministry of Finance of Russia dated 04/20/2012 N 03-11-06/3/28) |
|
If parking services for the first few hours are provided free of charge, and after a certain time already for money, UTII should be considered according to general rules. That is, you need to take into account the entire area of paid parking (Letter of the Ministry of Finance of Russia dated 08.02.2010 N 03-11-06 / 3/18) |
Question No. 3. What document to issue to parking customers
Any company or businessman, when conducting cash transactions, must use cash registers (clause 1, article 2 of the Federal Law of May 22, 2003 N 54-FZ). But when providing services to the public, instead of a cash receipt, you have the right to issue a BSO to customers (clause 2, article 2 of Law N 54-FZ). Important condition- the services provided must be named in OKUN (approved by the Decree of the State Standard of Russia dated 06/28/1993 N 163). So, services for storing vehicles in paid parking lots are included in OKUN under code 017608. And parking services for vehicles - under code 023416. Therefore, if your parking customers are individuals, you have the right not to use cash registers. But at the same time, you are obliged to issue BSO customers, namely a parking receipt. Its form is given in the Order of the Ministry of Transport of Russia dated June 24, 2014 N 166.
If cars in your parking lot are left by companies, you cannot use the BSO. Either issue cash receipt, or conduct settlements with them in a non-cash manner, that is, through a bank account.
Three main tips. 1. The parking area occupied by access roads and a security post cannot be excluded from the calculation of UTII.
2. When calculating the "imputed" tax on multi-level parking, consider the entire area used for storing cars.
3. If the clients of the parking lot are individuals, when paying for services, instead of a cash register check, you can issue a BSO.
The boss unconsciously builds a judgment about the applicant, who has invested his own views, perceiving the text and its meaning. In the process, the document is a reflection of the applicant's mind. This happens to the critically responsible in places where the decision depends on mental awareness. To order correct pattern the lawyer has good money. Because it matters a lot.
The agreement on the protection of the car must be concluded only in writing. Also, the car owner must be issued a safe receipt of acceptance of the car, a receipt or other document on the acceptance of the car with the obligatory indication of the state number of the car. In the case of long-term storage of the car in the car park, the contract must specify the conditions for storing the car, the procedure for payment, entry and exit, as well as the approximate cost of the car. This is necessary for quick recovery of damages in case of damage or theft of the car.
If the car was damaged while the car was in the parking lot, then in this case an act must be drawn up with a detailed description of all damages and defects of the car. This act is drawn up in two copies, with subsequent appeal to the police and to expert appraisers.
Life in a modern metropolis dictates its own conditions. Automated parking and paid car parks are no exception. Between the owner of the car and the administration of the parking lot, it is necessary to draw up a contract correctly based on the provision Civil Code of the Russian Federation, the Law of the Russian Federation "On the Protection of Consumer Rights" and the "Rules for the provision of parking services".
Any organization can provide services for the storage of vehicles, that is, self employed or organization. Based on the current legislation, all information about the service provider should be open and accessible to consumers. Thus, the consumer must know the full name and legal address of the organization, the rules for using the parking lot, the cost of services provided, samples of contracts and receipts.
The agreement on the protection of the car must be concluded only in writing. Also, the car owner must be issued a safe receipt of acceptance of the car, a receipt or other document on the acceptance of the car with the obligatory indication of the state number of the car.
In the case of long-term storage of the car in the parking lot, the contract must specify the conditions for storing the car, the procedure for payment, entry and exit. as well as the approximate cost of the car. This is necessary for quick recovery of damages in case of damage or theft of the car.
If the car was damaged while the car was in the parking lot, then in this case an act must be drawn up with a detailed description of all damages and defects of the car. This act is drawn up in two copies, with subsequent appeal to the police and to expert appraisers.
After the announcement of the final amount of damage, it is necessary to apply with a letter of claim addressed to the head of the car park, which sets out the requirements for damages, all expenses for the examination of the car, attaching all the necessary documentation.
Complaint sample: Disadvantages of the provided paid parking service
Leaving the car at a paid parking lot, it is necessary to properly formalize your relationship with the parking lot at the first stage. Such relationships are regulated by the provisions of the Civil Code of the Russian Federation on the storage agreement, and since in most cases the car owner is a citizen - the consumer, then, accordingly, the Law of the Russian Federation "On Protection of Consumer Rights". Also, the Government of the Russian Federation approved the "Rules for the provision of parking services" (Decree of the Government of the Russian Federation of November 17, 2001 No. 795).
The contract with the contractor must be concluded in writing, and the written form of the contract is considered to be complied with if the parking lot issued you, upon acceptance of the car, a safe receipt, receipt or other document certifying acceptance indicating the state registration number of the car. For example, most often they issue a receipt for payment, and it should read: payment for the storage of a state car. room. However, according to the current “Rules for the provision of parking services”, this is allowed for a short-term one-time parking of a car (for a period not exceeding a day). With more long-term storage the parking lot is obliged to draw up an agreement with you in accordance with all the rules, which include all storage conditions, payment procedures, entry and exit from the parking lot, and the approximate cost of the vehicle.
After the amount of damage caused to you is determined, it is necessary to write a statement to the management of the parking lot - a claim in which you state the requirement for damages, expenses for examination, etc. within a reasonable timeframe specified by you and attach copies of supporting documents. At the same time, according to the Law of the Russian Federation “On Protection of Consumer Rights”, it is possible to demand the termination of the contract for the provision of services rendered with significant shortcomings and the return of the amount paid for parking services, or a reduction in their cost. The claim must also be handed over against receipt of receipt or sent by registered mail with acknowledgment of receipt.
Sample claim for damage to a car in a paid parking lot
To the director of the parking lot LLC "Khranitel"
Highway Enthusiasts, 42
from Ivanov Ivan Ivanovich
Moskovskaya st., 44, apt. 18
tel.565-00-00
CLAIM
On March 01, 2010 I handed over for temporary storage on the territory of your parking lot a car VAZ 2109, identification number XXXX, license plate AA000. The fact that your organization provides car storage services is confirmed by receipt No. 0001. The car was handed over to the parking lot without damage.
On March 02, 2010, when I received the car, I discovered that during the time I was in the parking lot, the car was damaged, dismantled, etc. (for example, there is a dent on the door). An act was drawn up about the incident (a protocol when the police officers were called).
According to the conclusion of the autoexamination, the cost of the damage caused is 8,000 rubles.
Appendix:
Copy of receipt
Copy of act
Disadvantages of the provided paid parking service
Leaving the car at a paid parking lot, it is necessary to properly formalize your relationship with the parking lot at the first stage. Such relationships are regulated by the provisions of the Civil Code of the Russian Federation on the storage agreement, and since in most cases the car owner is a citizen - the consumer, then, accordingly, the Law of the Russian Federation "On Protection of Consumer Rights". Also, the Government of the Russian Federation approved the "Rules for the provision of parking services" (Decree of the Government of the Russian Federation of November 17, 2001 No. 795).
The person providing car storage services can be any organization, regardless of its organizational and legal form, or individual entrepreneur. According to the current legislation on the protection of consumer rights, the service provider is obliged in an open and accessible form to bring to consumers full information about himself, company name and legal address, as well as the rules for using the parking lot, the cost of services, samples of contracts, receipts, safe receipts, etc. .
The contract with the contractor must be concluded in writing, and the written form of the contract is considered to be complied with if the parking lot issued you, upon acceptance of the car, a safe receipt, receipt or other document certifying acceptance indicating the state registration number of the car. For example, most often they issue a receipt for payment, and it should read: payment for the storage of a state car. room ……. However, according to the current "Rules for the provision of parking services", this is allowed for a short-term one-time parking of a car (for a period not exceeding a day). For longer storage, the parking lot is obliged to draw up an agreement with you in accordance with all the rules, which include all storage conditions, payment procedures, entry and exit from the parking lot, and the approximate cost of the vehicle.
Compliance with these formalities will be important in the event of damage to or theft of a car from the parking lot and will help to recover the damage caused without undue delay.
If during the time the car was in the parking lot, it was damaged, at your request, an act must be drawn up, which describes the visible external damage and defects of the car. The act is drawn up and signed together with an authorized employee of the parking lot in two copies, one of which remains with you. Naturally, the incident must be reported to the nearest police station. To assess the damage caused, you must contact one of the organizations specializing in this activity that has the appropriate license for valuation activities. At the same time, representatives of the parking lot should be called (by telegram or by registered mail with acknowledgment of receipt) to inspect the car by an expert. If they fail to appear, the inspection may be carried out in their absence.
After the amount of damage caused to you is determined, it is necessary to write a statement to the management of the parking lot - a claim, in which you state the requirement for damages, expenses for examination, etc. within a reasonable timeframe specified by you and attach copies of supporting documents. At the same time, according to the Law of the Russian Federation "On the Protection of Consumer Rights", it is possible to demand the termination of the contract for the provision of services rendered with significant shortcomings, and the return of the amount paid for parking services, or a reduction in their cost. The claim must also be handed over against receipt of receipt or sent by registered mail with acknowledgment of receipt.
Sample claim for damage to a car in a paid parking lot:
To the director of the parking lot LLC "Khranitel"
Balashikha, Moscow region,
Highway Enthusiasts, 42
(indicate the full name of the artist and his address)
from Ivanov Ivan Ivanovich
(indicate your last name, first name and patronymic in full)
living at the address: Balashikha, Moscow region,
Moskovskaya st., 44, apt. 18
tel.565-00-00
Claim
On March 01, 2005 I handed over for temporary storage on the territory of your parking lot a car VAZ 2109, identification number XXXX, license plate AA000. The fact that your organization provides car storage services is confirmed by receipt No. 0001. The car was delivered to the parking lot without damage.
On March 02, 2005, upon receiving the car, I discovered that during the time it was in the parking lot, the car was damaged, dismantled, etc. (for example, there is a dent on the door). An act was drawn up about the incident (a protocol when the police officers were called).
On the basis of the Civil Code of the Russian Federation, the Rules for the provision of parking services, I demand to reimburse the damage caused, as well as the costs of paying for the examination in the amount of 1200 rubles, within the prescribed period. (invoice attached). In case of refusal, I will be forced to go to court.
Loading...