Court: Withdrawal of lawsuit after payment, woman owes 10 yuan parking fee, received a subpoena to owe | car owner | parking fee

Release time:Apr 13, 2024 20:42 PM

Recently, Ms. Yang, a blogger on Xiaohongshu, posted for help: "If you forget to pay the fee for parking, it's only 10 yuan. However, you sent a message saying that you want to take me to court and I will bear the cost myself! Do you have a friend who knows the law to educate you?"

From the pictures posted by Ms. Yang, one is a parking fee recovery notice issued by "Yibin Smart Parking". The content is that the parking service company has filed a batch lawsuit with the Xuzhou District People's Court. If the car owner fails to pay the parking fee before the court officially accepts it, they will bear the litigation fees, lawyer fees, enforcement fees, interest and other expenses; The other picture shows the parking fees owed by the car owner - Nanguang Road, Qiaowan Road, and Lvyin Road, totaling 10 yuan in arrears.

Xiaohongshu blogger sued in court for 10 yuan in arrears and sent a letter seeking help.

Ms. Yang, while communicating with other netizens, said, "This operation is really shocking. I thought it was a scam text message." She said, "Maybe I forgot about it before because I didn't pay the overdue fee for several months."


Court: Withdrawal of lawsuit after payment, woman owes 10 yuan parking fee, received a subpoena to owe | car owner | parking fee

The reporter called the customer service hotline of "Yibin Smart Parking" to confirm the authenticity of the text message regarding the issue of receiving a court summons for a debt of 10 yuan. The staff first confirmed the authenticity of the message: "Yes, the message was sent by us." Then explained the reason: "This is the case, and now we have informed them in advance. Some car owners who owe a certain amount will only be sued, and once they pay, there will be no follow-up."

▲ Court summons published on relevant official account.

The reporter also checked the WeChat official account of "Yibin Smart Parking", in which many articles mentioned the prosecution of overdue car owners, and published some court summonses and civil rulings to prove that it is not just talking but doing.

To verify the authenticity of the court summons, the reporter inquired with the Xuzhou District People's Court in Yibin City on behalf of the car owner who owed the fee. A staff member confirmed the authenticity of the summons and said, "If the fee is paid, you will not be sued. If it is not paid, you will be sued."


Court: Withdrawal of lawsuit after payment, woman owes 10 yuan parking fee, received a subpoena to owe | car owner | parking fee

Regarding the recovery notice issued by "Yibin Smart Parking", the court staff explained, "This is a reminder to your users. Because some people owe for a long time and refuse to pay, they have no way to recover it, and only then sue."

Blogger's parking records.

As for the impact of subpoenas, court staff said, "Generally, we will send text messages to remind you that if you pay the reminder, it will be fine. As long as the trial is not held, it will be fine to withdraw the lawsuit; after the trial is held, you can only wait for the verdict and have a case record."

However, the reporter later revealed their identity and asked about the matter again. The court staff said, "Our subpoena usually informs you of the presiding judge, the case, the cause of the case, and the date of the hearing. The subpoena will have the contact information of the presiding judge, and you can call the presiding judge to verify."


Court: Withdrawal of lawsuit after payment, woman owes 10 yuan parking fee, received a subpoena to owe | car owner | parking fee

Is it a bit of a big deal to be sued for owing 10 yuan for parking fees? The reporter consulted lawyer Zhang Gongdian, a member of the Criminal Civil Cross disciplinary Committee of the Chongqing Lawyers Association and senior partner of Chongqing Zhihe Zhi Law Firm, regarding this matter. He believes that "suing is the right of the parties involved. Although the subject matter is very small, only 10 yuan, this private prosecution procedure is completely legal."

▲ The "Yibin Smart Parking" WeChat official account mentioned many times to sue the owners of arrears.

Regarding the claim that the lawyer's fees mentioned in the recovery notice will also be borne by the car owner, Lawyer Zhang Gongdian believes: "The recovery notice mentions that the lawyer's fees will be borne by the car owner. If the parking agreement does not specify in advance that the lawyer's fees will be borne by the car owner, then the court will not support the claim of 'Yibin Smart Parking'."

Regarding Ms. Yang's legal appeal, Lawyer Zhang Gongdian suggested, "I suggest that she should pay the parking fee before the court hearing, so that the plaintiff can withdraw the lawsuit."


Court: Withdrawal of lawsuit after payment, woman owes 10 yuan parking fee, received a subpoena to owe | car owner | parking fee
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