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Unbelievable, but the company Tomadas (which had won a tender announced by the police in Vilnius County), which was in charge of the forced relocation, transport, storage and storage of vehicles, which was kept in a Mercedes Benz S600 parking lot, did not made. I want to take responsibility, answer only to those who stole the car.
But the driver got to his point: Tomadas sued and sued for a car stolen from a parking lot.
“Tomadas is a professional custodian and therefore is obliged by law to take all available measures to ensure the preservation of the item transferred to it, return the item in the same condition in which it was delivered for storage, taking into account its wear and tear. normal and breakage, depreciation or change in their natural properties, “announced the Vilnius Regional Court. “The company, as a professional custodian, will also be responsible for the loss, defect or damage of the collateral in all cases, except in cases of force majeure.”
The panel chaired by Judge Neringa Švedienė announced that the company responsible for storing the car would have to pay Adolf N., a resident of the Trakai district, 5,000. 592 euros for damages and losses for theft, as well as the costs of the exercise for an amount greater than one thousand euros and 5%. annual interest for the amount awarded from the beginning of the judicial process until the full execution of the sentence.
According to the file, it was established that on August 8 of the previous year. The Mercedes Benz S600, driven by Adolf N., was involved in a traffic accident in the Trakai district: a rebellious driver of the car obstructed a traffic signal at the intersection and got into a ditch. The driver left the scene, so the police officers who arrived at the scene of the accident had no choice but to summon Tomadas employees and tow the car to the storage area.
Following the investigation, the police officers ordered Adolf N. to return his vehicle, which was stored in a car park owned by Tomadas. The man had to pay 214 euros for the forced transport and storage of the car.
However, when the driver came to pick up the Mercedes Benz S600, he was in for a nasty surprise: there was almost nothing left of the car.
“The car was already stolen from day one: the navigation, the odometer, 4 light alloy wheels with rims and other parts were lost, and other parts of the car were damaged during the theft”, explained Adolf N. that Tomadas had the duty to protect the car, but he did not keep it, although he demanded payment. “The company had to store the car in accordance with the agreement concluded with the Vilnius County Police Commissariat, according to which the company was obliged to return the car in the same condition in which it was delivered.”
Associative photo.
An independent damage expert estimated the damage suffered by the car owner at more than 6.7 thousand. Eur, but it was later lowered because stolen car tires were found. But so far the perpetrators of the theft have not been identified.
Since Tomadas refused to compensate Adolf N., the man went to court.
Representatives of the company that manages the storage place explained that they agreed to compensate the owner of the Mercedes Benz S600, but did not agree with the amount.
“Following the decision of the Vilnius County LSC officials, the company forcibly took the car away for storage at the location where it was stolen and a pre-trial investigation is under way into the incident,” said representatives from Taken. – Our company does not agree with the amount of damage reported by the expert, because it exceeds the criteria of reasonableness. The amount of pieces stolen is 68.70 percent. the value of the whole car. Before the car was taken to the storage site, the car was involved in a traffic accident and was damaged, its driver was removed, therefore the owner of the Mercedes Benz S600 intends to completely repair the car at the expense of our company. The car is 17 years old, so all the equipment is basically worn and worthless. “
The company representatives also pointed out that the employees took care of “all the reasonable requirements for the protection of the site established in the conditions of public contracting”, therefore it is not in their will to control the criminal acts of third parties.
“The theft also damaged company property – a hole was made in the fence surrounding the area, etc. – it is not our direct duty to prevent any theoretical possibility of third parties committing a crime,” Tomado said. – Crime prevention activities are entrusted by law to law enforcement authorities. The preliminary investigation is still in progress, so the victim may file a civil complaint on the material of the preliminary investigation in accordance with the procedure established by law ”.
According to company representatives, the owner of the Mercedes Benz S600 has already recovered the stolen wheels, so there is a possibility to recover other parts of the car, find the culprits and claim damages from them.
“Our company has ensured the protection of the territory by all reasonable means, so it cannot be held responsible for the criminal act committed by third parties,” said the company representatives who were approached by the accused.
The court that heard the lawsuit of the owner of the stolen car pointed out that the written evidence in the case confirms that the dashboard, the navigation system, the tip of the gear stick, the four wheels with tires and bolts were stolen during the theft, and the board was damaged.
According to the judges, the Civil Code establishes that the custodian is responsible for the loss, defect or damage of the goods transferred to him, and if the custody contract is for consideration, the custodian is responsible for the loss, defect or damage to property in all cases. cases except force majeure.
Associative photo.
© Manufacturer’s archive
After analyzing the data of the case, the court highlighted that the Tomadas company and the Vilnius County LSC had concluded an agreement on the provision of forced transport services, transport and storage of vehicles, according to which Tomadas undertook to provide transport forced, transportation, transfer and storage services. This contract also confirms that the company has assumed total material responsibility for the loss, defect or damage of the vehicle or its parts from the moment of delivery of the vehicle until its return and, if it does not ensure adequate storage conditions, the quality of the protected object is damaged or lost – to pay for all losses incurred by the property owner as a result.
According to the court, Tomadas, as a professional custodian, must answer for the loss, deficiency or damage of the protected property in all cases, except in cases of force majeure.
” The professional custodian is not responsible in all cases for the loss, deficiency or damage of the protected property only in cases of force majeure, and therefore the arguments about the liability of third parties (unidentified persons), the possibility of waiting for the Claimant and Possible Future Recovery from Pretrial Investigation The alleged circumstances do not prevent the owner of the stolen car from claiming damages from the defendant as a professional custodian, and the defendant is not precluded from claiming future recourse against the culprits who are they misappropriated the parts and damaged the plaintiff’s car.- said the panel of judges chaired by judge N. Švedienė.
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