Wheels Locking is Illegal


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Wheels Locking is Illegal


19-01-2009

Wheel lockers are put when the owner of the car didn’t pay for parking. (If the car is left not on the parking then it can be evacuated to the penalty area, but in this case you dont have to pay for such service you are obliged to pay just for road laws violation and the sum is about 300 hryvnas.

There is no legal basis for locking the wheels by public utility company “Kyivtransparkservice”:

  • A wheel locking for braking parking rules in Ukrainian Administrative Code is not foreseen.

  • Kyiv city council has no legal power to pass Parking Rules for Transport in which wheels locking are foreseen.

Self-governing authoritiesenforcement powers are just to determine parking places for transport according to paragraph 11 of 10th articleUkrainian LawOn development of populated area”.

  • Written contract doesnt exist between utility companyKyivtransparkserviceand the driver, by which he permits to lock the wheels of his car till he pay for parking.

In fact wheels locking is a method to enforce a driver to pay for parking and for service.

A fulfillment of obligations can be ensured by penalty, bail, sponsion, chakage, and deposit according to paragraph 1 article 546 of Ukrainian Civil Code. The other kinds of obligations fulfillment can be determined just by contract or by law (paragraph 1 article 247 of Ukrainian Civil Code).

Thats why no one can lock the wheel of the car without drivers permission which has to be given in written form.

  • Non-payment for parking (fund raising is a local taxes) doesn’t give any ground to lock the wheels. In case of non-payment only vindicatory part of tax legislation can be invoked.

  • Illegal wheels locking violate legitimate right of the car owner to own, use and to dispose his or her own vehicle.

The driver doesn’t have to pay for locking and unlocking of the car’s wheels:

  • All operations can be done if there is a person who ordered such kind of service according to paragraph 1 article 837 of the Ukrainian Civil Code. If the order was not formed by driver then there is no reason for him to pay for such services.

The Wheel locking isn’t ordered by any driver. All drivers are interested in unlocking of wheels, but there are no reasons to pay for this. The situation looks like following: the car was stolen and afterwards the thief proposed to return it for certain sum of money. It’s a thievery and it has to be highlighted publicly.

  • Actually, the parking services which are passed in the Parking Rules for Transport is a payment for parking. Such a payment has to be paid in special well-organized places for parking. And the payment for parking which was set by Kyiv City Council is paid for keeping parking and providing services there.

What is the ground for local authorities in Kyiv to set additional taxes for parking and where does “parking” money go?

That is why if you find out that the wheels of your car were blocked, we recommend you to refuse from paying for locking and unlocking services. You should demand to unlock it for free. The law is on driver’s side!

Besides the workers of public utility company Kyivtransparkserviceare obliged to unlock the wheels of the car if the driver demands and when he has refused to pay according to part 2 of the paragraph number 7,5 - Parking Rules for Transport. In this case formal note must be taken (about violation of parking rules) in the presence of two identifying witnesses. This formal note has to be send into the court if the Kyiv City Council wants to apply for parking rules violation. In court (if the case comes into court) the driver has to use all arguments which were mentioned before.

If such a formal note is not fulfilled by the workers of Kyivtransparkservice then you have to send a petition to this organization with a demand to unlock the wheels of your car. It is important to register a petition or you have to send it by special delivery. There are no reasons to keen the wheels of your car locked for public utility company Kyivtransparkservice.

Wheel locking as evacuators services for transport its a thievish method of wheedling money out of citicenz and Kyiv’s guests. There is just one difference: all thieves are in jailed, but those who are under the municipal authorities’ wing provides illegal exaction and continue to count their millions.

This article was written by the Law Firm’s attorney-at-law Andrii Nechyporenko at the request of journalists from “Ukrainska Pravda”.

RELATED STORIES:

Evacuator's Services in Kyiv - it's Illigal Municipal Raket

How Not to Pay for Evacuator's Services and to Return Your Car from Penalty Area

Petition about Vehicle Returning / DOCUMENT




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