Parking without a ticket, will I be compensated for lost vehicle?

Question: Since my office does not have a parking lot for employees, I have to bring my car to the parking lot next door to park it. This parking lot charges a fee but does not give the person parking a ticket as a security deposit. I am worried that if my car is lost, will the parking lot be responsible for compensation?

Answer: Pursuant to Article 554 of the 2015 Civil Code, which stipulates the contract for property custody: A contract for property custody is an agreement between the parties, according to which the custodian receives the property of the depositor for safekeeping and returns that property to the depositor upon the expiration of the contract term. The depositor must pay a fee to the custodian, except in cases where the deposit is free of charge.

Accordingly, parking is an agreement between you and the parking attendant, the parties will have rights and obligations within a certain period of time.

Clause 1, Article 119 of the 2015 Civil Code stipulates the forms of civil transactions, including: Civil transactions are expressed verbally, in writing or by specific acts.

Thus, according to the law, a contract for parking and keeping does not necessarily have to be made in writing. Therefore, when you hand over your vehicle to the parking attendant and get his/her consent (direction to the parking space), you and the parking attendant have entered into a parking and keeping relationship.

Therefore, even if you do not have a parking ticket, you only need to prove that you parked your car there, with the consent of the parking attendant. In case your car is lost, they are responsible for compensation according to the provisions of Clause 4, Article 557 of the Civil Code: You must compensate for damages if you lose or damage the property you are keeping, except in cases of force majeure. The compensation value is agreed upon by both parties.

Please note that unless the parking lot owner confirms that they have received your vehicle, you must prove that you have parked your vehicle with evidence such as video recordings from the parking lot's camera (if available), photos, witnesses, etc. to prove that you have parked your vehicle at the parking lot to have sufficient grounds to request compensation.

Usually in cases of vehicle theft where the sender does not have a parking ticket, it will be very difficult to prove. Therefore, it is best to find a parking lot with a parking ticket for the sender to ensure your property rights.

Minh Hoa (t/h)

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