Zhou's vehicles had 13 times of driving without paying the toll. When they passed through the manual toll station of the expressway again, they were stopped. In the process of communication with the staff, Zhou suddenly started the vehicle and wanted to leave, causing tire and body damage. Zhou divided Beijing Capital Highway Development Group Co., Ltd. Beijing Shenyang Expressway on the ground of property damage compensation dispute The company (hereinafter referred to as the Beijing Shenyang Branch of the first group) sued Chaoyang Court for compensation for economic losses.
Recently, after hearing, the court found that the act of placing car stop device in Beijing Shenyang Branch of the first group was a reasonable self-help behavior, and there was no fault in the occurrence of vehicle damage involved in the case.
Brief introduction to the case
On August 12, 2019, Zhou was stopped by the staff of Beijing Shenyang Branch of the first group when driving through the Jingcheng expressway toll station. After the plaintiff started the vehicle, the front right tire was punctured and scratches were found on the top of the tire and the wheel hub due to the stop placed under the right front wheel of the vehicle involved. Zhou thought that the staff members did not use the manual mobile car stop reasonably. He did not know that there was a mobile car stopper under the right front wheel. He drove the vehicle into the mobile car stopper, causing damage to the vehicle. He asked Beijing Shenyang Branch of the first group to compensate for the repair cost.
During the trial, Beijing Shenyang Branch of the first group provided audio and video monitoring of vehicles under Zhou's name for breaking into the exit and escaping fees, proving that the vehicle involved in the case had 13 times of breaking in records from April 12, 2019 to July 24, 2019, and the vehicle broke through several times for several times. During the first interception on July 3, the staff did not use the car stop device, which led to the plaintiff's vehicle not stopping and directly breaking into the exit again Evasion. In order to prevent the vehicles from breaking into the card again and protect the personal safety of the staff, the Beijing Shenyang Branch of the first group placed a car stop this time.
Zhou approved the fact that the vehicle had broken through and evaded fees.
According to the video of the tachograph submitted by Zhou, a staff member in uniform and reflective vest was talking to the driver in front of the vehicle in front of the vehicle while Zhou was queuing up to pass the toll gate. Another staff member in uniform and reflective vest walked from the left side of the vehicle to the right side with a car stop in hand, and put the stopper at the right tire, The defendant's staff standing on the left front side of the vehicle involved in the case told the vehicle in front of the vehicle to leave. The two staff members stood at the left front and right front of the vehicle, holding a red fluorescent baton.
According to the video submitted by Beijing Shenyang Branch of the first group, the staff knocked on the window of the plaintiff and told him that he was an escaped officer of Jingcheng expressway. Zhou quickly rolled up the window and drove forward. The staff immediately informed him that there was a car stop in front of him, and Zhou had already hit the car stopper. The period lasted only 4 seconds.
The judge asked Zhou why he suddenly started the vehicle. Zhou said that he thought the car in front of him could be released after being asked, and he could also leave after being asked. In addition, there was music in the car and I didn't hear what the staff said. However, the video provided by Zhou and the first group did not show that the vehicle involved was playing music loudly at that time, and its dialogue with the staff was relatively clear.
Beijing Shenyang Branch of the first group provided evidence to show that it had set up warning signs on both sides of the toll gate that "the car stop has been turned on, and you will be responsible for any breach of duty" at both sides of the toll station, and gave a warning notice in advance.
The court held that
When driving the vehicle involved in the case to pass through the toll station, Zhou knew that the vehicle involved in the case had previously run through the card and evaded fees. He should reasonably foresee and fully understand the situation that the vehicle involved may be stopped due to breaking through the card to evade fees, and should also properly cooperate to solve the problem. At present, Zhou knew that the vehicle involved in the case had been stopped by three staff members of Beijing Shenyang Branch of the first group, and two staff members were standing in front of the vehicle involved and it was not safe to start suddenly. When the staff member was holding a video recorder to communicate with him, Zhou only rolled down the window for 4 seconds, then rolled up the window and suddenly started the vehicle involved in the case to try to drive away. The staff had no time to speak It was informed that a car stopper had been placed on the vehicle involved in the case, so Zhou's driving behavior was obviously unsafe and unreasonable, which should be attributed to Zhou's unsafe and unreasonable driving behavior, which led to the damage of the vehicle involved. There was no improper part in the process of self-help behavior taken by Beijing Shenyang Branch of the first group to safeguard its legitimate rights and interests, and there was no fault in the occurrence of the vehicle damage involved. The relief of rights needs to be based on honesty and trustworthiness, with reasonableness as the boundary and abiding by discipline and law as the bottom line. Zhou's claim that Beijing Shenyang Branch of the first group should repair the vehicle, compensate for the spiritual damage, and compensate for the economic loss lacks the factual and legal basis, and the court does not support it.
It is understood that Zhou did not appeal to the court after the judgment of the first instance.
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