A judgment of the Court of instruction number five of Logrono aborted recovery of 22 euros for the entire day of parking to a driver who lost the shelter after leaving his car for two hours in an underground car park of the capital of La Rioja. The ruling, which obliges the concessionary company to return the 22 charged euros of abusively over their legal interests, believes that you it’s a totally arbitrary and amount billed for a service that was not provided. January 4, 2010, plaintiff parked his car at the 16.53 hours into the underground parking lot of RAM, in the Centre of Logrono, managed by the company parkings RAM. Shelter lost when he returned to remove your vehicle, two hours later, realized that he had lost the receipt, in which is printed the time of entry and the registration of the car, which is recorded by a parking security camera. Although the rate that should pay for the airtime was 4.80 euros, Manager of the parking, informed him that according to standards of the company had to pay the fee for a day is complete, that it amounts to 22 euros. This statement considers unfair contractual conditions that limit the rights of the consumer and which provide for the payment by products or services not used ctivamente. In addition, as the payment of the fee is done per minute of parking, without possibility of rounding, the company is already gaining an amount beyond than the fixed to the schedule in which the vehicle is parked.
Imbalance of rights the Court judgement, for which should be the commencement of action, insists that there is an imbalance in the rights and obligations arising from the contract, since the charge for full-day clause has been set unilaterally by the company. On the other hand, the company does not represent an additional expense or damage estimate hours of permanence of the vehicle, since it has the technology to do so due to its custody and surveillance work. The judgment It also affects the manifest economic disproportion of the penalty, that implies the collection of more than four times the rate by the actual use of the car park. Source of the news: A judgment annuls the recovery of 22 to a driver who lost the parking guard