On the morning of December 24, the case of Ms. Zhang of "roof rights protection" suing Tao Lin, global vice president of Tesla (Shanghai) Co., Ltd., Tesla Motors (Beijing) Co., Ltd. and Tesla, was heard in Beiguan District People's Court of Anyang City, Henan Province.
On December 29, the activist car advocates that through her personal microblog @ coral in Danshui, the trial of her reputation dispute with Tesla has been completed. The brake failure that the public is most concerned about is still being handled by AQSIQ and the court.
The lawsuit originated on April 19 this year. Wearing a "brake failure" T-shirt, Ms. Zhang appeared at the Tesla booth of Shanghai auto show and stood on the top of the car shouting "Tesla brake failure", which attracted attention. On April 20, Shanghai police informed that Zhang was sentenced to administrative detention for five days for disturbing public order.
Ms. Zhang's "brake failure" incident was an accident of her father in February this year. According to Ms. Zhang's media interview and description on social networking sites, when Ms. Zhang's father drove Tesla Model 3 on the national highway, the brake failed, resulting in a collision, and Ms. Zhang's parents were injured in the accident.
After the "roof rights protection" incident, Tesla denied that the car had the problem of brake failure. Tesla said that it had been unable to reach an agreement with Ms. Zhang on vehicle detection.
On the afternoon of April 19, Tao Lin, vice president of Tesla China, said in response to the rights protection incident to the media that "we can't respond to her demands. She insists on high compensation", "she has given the recent negative" and "I think she is very professional". This has also become the focus of the dispute over the right of reputation.
Recently, more than eight months after the "roof rights protection" incident, Ms. advocate of rights protection car accepted an interview with Nandu AI outpost, revealed some details of this trial, responded to netizens' concerns about the truth of "brake failure", and explained why she has not accepted the vehicle for third-party testing. She said that the reputation right litigation is only the beginning, and the dispute over quality has entered the judicial process, which is the core of the whole event, and she will never give up.
The following is the dialogue between Nandu AI outpost and Ms. Zhang.
"never asked for high compensation, Tesla is maliciously guiding public opinion"
Nandu: this time you sued Tesla for violating the right of reputation. What is the focus of the case?
Ms. Zhang: this court session is mainly aimed at some false statements made by Ms. Tao Lin, global vice president of Tesla, and Tesla's official microblogs in Beijing and Shanghai. On April 19, after the "roof rights protection" incident of Shanghai auto show, Ms. Tao Lin told reporters that they provided many solutions. I didn't agree. She said that I wanted high compensation, and that I provided the recent negative. She said that I was professional and there was someone behind me. I think this is maliciously misleading public opinion, distorting facts and throwing dirty water on me. This is one of the main disputes (this lawsuit).
Tesla once said on the official microblog that during my rights protection, their local police went out on average five times a day. Can they submit evidence to the court? I think this is to slander me and make everyone think I am a professional "car trouble". I think these remarks of Tesla's official microblog and Ms. Tao Lin have seriously violated my personal reputation.
Nandu: Ms. Tao Lin said you wanted high compensation. What's the matter?
Ms. Zhang: from the accident on February 21 to the Shanghai auto show on April 19, it took about 57 days. During these 57 days, Tesla always provided me with only one solution, that is, I hope I can agree to the insurance company to settle the claim. After the claim is settled, they repair the car for me and sell it for me, They promised to sell me a good price. There is no "many solutions disagree" as Ms. Tao Lin said. This is the first point.
The second point is that I have not asked for high compensation. On March 6 this year, Tesla's public relations asked me to go to their office and ask me what I wanted. He gave me a piece of paper to fill in. I wrote that the first was to return the car and the second was to reasonably compensate for the losses, but I didn't mention the amount. I mentioned the medical expenses, because after all, my parents were hospitalized. I think you (Tesla) either provide the data to convince me that the car is OK, and I can agree with the insurance company what to repair. If you can't prove that your vehicle is OK, I think even if you breach the contract, you will return my car purchase money. But it became "high compensation" in Tesla's mouth.
Nandu: what are your demands in this reputation litigation?
Ms. Zhang: I hope they can publicly apologize to me for their untrue remarks and statements, and then restore my personal reputation, because they portray me as a professional car in the outside world, as if I was blackmailing them. I think this is too unfair.
Nandu: did the trial go well? What do you expect from the result?
Ms. Zhang: because I have sufficient evidence, I am quite sure of this case. Tesla failed to submit evidence of my claim for high compensation in court.
In addition, as for the question that I disagree with the third-party testing, I questioned Tesla's legal representative. Tesla does not provide complete data. Which third-party testing organization can I go to detect whether there is a problem with the brake? Tesla's Legal Affairs said that Tesla's system is a pure mechanical structure, which can be detected by a third party. However, people all over the world know that Tesla's braking system is controlled by electronic modules, not purely mechanical systems.
"Tesla hasn't provided me with complete data for nearly a year"
Nandu: many netizens have questions. Why is the case about the right of reputation rather than brake failure?
Ms. Zhang: because the right of reputation was first filed, other lawsuits are going through judicial procedures, and AQSIQ is still investigating.
Nandu: I heard your car hasn't been tested yet?
Ms. Zhang: yes. On March 9, I formally complained to the local market supervision department. When the three parties sat together for mediation, I was told that because my car was imported, there was only one institution in China that tested imported new energy vehicles, namely China Quality Certification Center. I wonder why there is only one testing agency in China? Later, after checking the Internet, I found that this organization has a cooperative relationship with Tesla, and it does not have judicial qualification, so it can not identify the quality of the accident vehicle at all.
I learned that Tesla's braking system is different from that of ordinary vehicles. It is not a pure mechanical system. So what I've been asking for is data.
Nandu: that is, you don't accept third-party testing until you get the data?
Ms. Zhang: yes. Before I get the complete data, I can't accept the third-party test without judicial qualification, because the data is an important basis for the test. Without the complete data, I can't get the real, scientific and accurate test and appraisal results.
Nandu: but after the "roof rights protection", Zhengzhou Municipal Supervision Bureau ordered Tesla to provide you with data.
Ms. Zhang: on April 22, they provided me with a piece of data. At the same time, they released the one minute data of my vehicle to the outside world without my consent. However, later I contacted other Tesla owners and found that Tesla provided more than 20 data to other owners, but only 11 data were provided to me. Among them, there was a lack of data important to the braking system, such as the working state of kinetic energy recovery, braking assistance, motor torque and speed, body excitation and other project parameters important to the braking, Didn't offer it to me.
Comparing the data we got, I found that some of my data he didn't have and some of his data I didn't have, which can prove that Tesla is selectively providing data to car owners, and there is no problem from these data.
Nandu: that is to say, after the requirements of relevant departments, you still haven't got the complete data after more than half a year?
Ms. Zhang: yes. On April 30, I returned to Zhengzhou from Shanghai. I told the market supervision bureau that the data provided by Tesla to me was incomplete, and gave them the incomplete evidence. At the same time, I also reported the situation to Henan Consumer Association, but there were no results. Later, I went to the state market supervision and administration to complain. In November, they gave me a reply, saying that the case was too complex and they needed to extend some working days to file a case for investigation.
I really hope the regulatory authorities can make a difference. If I can solve the problem when I first complain to the regulatory authorities, will I still go to the top of the car? Who is a girl willing to use this disgraceful and unsafe way? I was also detained for five days, which is really a grievance.
Nandu: are you in touch with other rights owners? What is their situation?
Ms. Zhang: I added a rights group. All car owners in the rights group can't get complete data. It is difficult for everyone to protect their rights, because data is evidence. Without data, identification cannot be done, and there is no authority to determine responsibility. Therefore, there is only one way left to file a lawsuit, but there is no data and no judicial expertise. What can we take to file a lawsuit? It's hard.
Nandu: safeguarding rights costs a lot of time and economic costs. Now the accident has happened for nearly a year. What if the final appeal is still not met?
Ms. Zhang: I'm already going through the judicial process, although it's very slow. During this period, my life and spirit were under great pressure. I ran back and forth to Shanghai, Beijing, find a lawyer and the court. My life has been completely changed. It seems that there is only one thing left to protect my rights. I think justice may be late, but the law is fair. If there is a problem with the car, it is only a matter of time. I believe in the court's decision.
(Southern Metropolis Daily)
