Recently, a man in Guiyang posted a video saying that his rented parking space was parked by another car for many days, and he failed to solve the problem by passing through the property and calling the police, so he had to find workers to weld railings to fence the parking space. On April 25, the reporter learned from the man that the matter had been mediated, and the other party contributed part of the money, and the cost of dismantling the fence was also borne by the other party.
The reporter noted that in recent years, disputes over the occupation of parking spaces have been common, and in the face of such incidents, the public seems to find a quick solution. In a number of disputes over the occupation of parking spaces in the past, most of the parties involved ended up in negotiation, but a small number of parties involved in the incident resorted to court.
In this regard, Lin Xiaoming, a lawyer at Sichuan Yishang Law Firm, said that in the face of such disputes, the parties should take legitimate and effective ways to resolve them, such as mediation and negotiation. When the peaceful means cannot achieve the effect, then adopt methods such as legal means and judicial means to solve the problem, "the online car moving artifact, trailer and other methods can solve the contradictions at that time in the short term, but they are not conducive to completely resolving the disputes, and even easy to intensify the contradictions." ”
The parking space was "parked" by others
Parties: It has been mediated, and the other party bears the demolition fee
On April 20, a man in Guiyang posted a video saying that his parking space was occupied and that he hoped to seek a solution online. On the 21st, the man posted a video again saying that it was the fifth day that his parking space was occupied, and he had previously contacted the other party through the property and the police to move the car, but the other party always verbally promised but did not take action, so he had to find someone to weld the parking space to the railing.
In a number of videos posted by the netizen, the reporter saw that in an underground parking lot, a black car was parked next to a stone pillar, and a worker was holding tools to weld an iron frame. In addition, the fence around the vehicle has begun to take shape. On April 24, the reporter tried to contact the relevant property and the local police station about the matter, but to no avail.
▲Screenshot of related video
According to Henan Radio and Television City Channel, Mr. Ju, the man in the incident, said that he rented the parking space from a woman. For the parking space was occupied, he didn't care about the first two days, and after the other party stopped for three or four days, he called to contact, "He didn't answer, the property came to the door through his license plate, he said that he would open it after a while, and he still didn't move it at night, and the property couldn't do anything about him." [I] called the police, and he promised to drive away the next morning, but by the afternoon he still hadn't left, so I took action. At the same time, the community property said, "We are not involved in this kind of thing, and the property has no law enforcement power." ”
On the 24th, Mr. Ju told reporters that the police had contacted him about the occupation of the parking space, "Wait for me to go back to mediate." On the 25th, Mr. Ju responded to reporters again that the matter had been mediated, and the other party contributed part of the money, and the cost of dismantling the fence was also borne by the other party.
The reporter noticed that in recent years, disputes over the occupation of parking spaces have been common. According to media reports, in 2023, Ms. Liu from Changsha, Hunan Province, was occupied for several months because of the parking space, and after many fruitless communications, she asked someone to weld the fence and "circle" the other party's car in her own parking space......
Zhao Liangshan, a lawyer at Shaanxi Hengda Law Firm, said that this may be related to the increasing number of cars and the shortage of parking spaces. "Nowadays, public parking spaces are often 'hard to find', and many people are not willing to spend money on parking spaces, but also do not want to find public parking spaces, which leads them to either occupy other people's parking spaces or park indiscriminately. In addition, the occupation of parking spaces is a civil dispute, and it is difficult for the administrative and public security departments to intervene, so that the cost of occupying parking spaces is low, and the behavior of private cars occupying parking spaces is further connived. ”
How to protect your rights when a parking space is occupied?
Lawyer: After mediation and negotiation fail, go through judicial channels
On April 25, the reporter contacted the traffic police and police station in Mr. Ju's area as a citizen and asked what to do when encountering an occupied parking space. The staff of the traffic police department said that such incidents can only contact the property, and if the property cannot negotiate, they will call the police to deal with it. The police replied that the police could not forcibly move the car, and suggested going through the judicial process.
So, is there a quick solution for the public in the face of such incidents?
"The methods of moving the car artifact and towing the car on the Internet can solve the contradictions at that time in the short term, but they are not conducive to completely resolving the disputes, and it is easy to intensify the contradictions. Lin Xiaoming, a lawyer at Sichuan Yishang Law Firm, told reporters that in the face of such incidents, the parties should take legitimate and effective ways to resolve, such as mediation, consultation, etc., and then adopt legal means and judicial means to solve the problem when peaceful means cannot achieve the effect.
Lin Xiaoming said that if the owner of the occupied parking space fails to communicate, he can ask the occupant to compensate for the relevant expenses incurred by himself in parking elsewhere, and in this case, the property can also tow the vehicle to a safe place and park the corresponding costs, and the corresponding costs will be borne by the occupier.
Lin Xiaoming suggested that the property can be controlled by installing corresponding equipment, "for example, vehicles with parking spaces can enter the corresponding garage in the community, or orderly release according to the remaining situation of public parking spaces, etc.; ”
▲ Data with a picture According to the creativity of the picture worm
It is understood that in many disputes over the occupation of parking spaces in the past, most of them were resolved through negotiation, but there were also a few parties involved in the incident who resorted to court. In December last year, the Jiangning Development Zone Court in Jiangsu Province announced a similar case.
Case information shows that in July 2021, the owner Xiao Yu spent 100,000 yuan to purchase a parking space in the garage of the community, and paid a parking management service fee of 80 yuan per month to the property management company as agreed. However, since October of the same year, Xiao Yu's parking space has been altered and occupied by Wang, the owner of the same community. Xiao Yu negotiated with the owner of the car to no avail, so he asked the property management company to perform management duties. The property management company has taken measures to inform and restore the parking space signs, but the owner continues to occupy it. After Xiao Yu made further requests, the property company did not take other measures. In order to protect her legitimate rights and interests, Xiao Yu sued the Jiangning Development Zone Court, demanding that the property company compensate her for liquidated damages and losses totaling 50,000 yuan.
After the trial, the Jiangning Development Zone Court held that in this case, the property management company, as the property management enterprise of a certain community, should take effective measures to stop the owners who carried out the encroachment after all the parking spaces involved in the case were encroached upon, and the measures did not meet the standards stipulated in the management service agreement and the temporary convention between the two parties, resulting in Xiao Yu's inability to use the parking spaces involved in the case normally, and the property management company should bear the corresponding liability for breach of contract. Combined with Xiao Yu's actual losses and the property company's breach of contract, the Jiangning Development Zone Court decided that the property company should compensate Xiao Yu for the breach of contract loss of 5,000 yuan.
Source: Red Star News