The above "parking space war"
Do you feel familiar in your community?
Parking · difficult
With the improvement of economic development and living standards, the number of private cars has increased, the contradiction of insufficient parking space ratio in residential communities has become increasingly prominent, and the problems of parking difficulties and parking chaos have become increasingly prominent. In the face of a car with nowhere to put it, many people argue endlessly about it, and even go to court. So how much do you know about issues such as the ownership of parking spaces in residential areas?
Case 1
Xiao Huang parked the vehicle on the W public parking space in the community, and when he drove out again, he found that a car was parked in front of the car, and his car was blocked in the W parking space and could not drive out. Xiao Huang contacted the security guard of the community, and as a result, the owner of the car, Xiao Ma, refused to move the vehicle, and said: "I have no place to park, I can only park in front of the car, and place a telephone contact strip, not deliberately blocked." Usually I park on the W parking space, when I buy a house, I say that this is my exclusive parking space, and the property does not have the right to add a public parking space logo. Xiao Huang could only call the police to coordinate, and Xiao Ma still refused. The two sides' cars were deadlocked for nine days, and Xiaohuang believed that Xiaoma's behavior constituted a continuous infringement, and finally sued the court, demanding that Xiaohuang stop the infringement, remove the obstruction, and compensate for travel losses, vehicle rental fees, and moral loss fees.
After trial, the court held that:
In this case, Xiao Huang provided evidence that his car was indeed blocked by pony vehicles for several consecutive days and could not be used, and he needed to commute by taxi. Although Xiao Ma argued that the ownership of the parking space was disputed, it did constitute an obstacle to Xiao Huang's travel and constituted an infringement. However, the pony vehicle has been removed and the xiaohuang vehicle has not been blocked, and xiaohuang has withdrawn the litigation request for the pony to remove the obstruction in court. In the end, the court ruled that Xiao Ma should compensate Xiao Huang for six days of travel losses caused by his inability to use the vehicle - a loss of 500 yuan in three days of vehicle rental fees.
Case 2
A neighborhood committee of a certain community used idle plots of land to fund the transformation into a parking lot, and set up signs such as ground locks and prompt boards. The owner Xiao Yan rented and used X parking spaces. One day, Xiao Zhou, who runs a nearby business, parked his vehicle in the X parking space. After Xiao Yan found out, he contacted the local public security police station and Xiao Zhou by phone to request that the car be moved unsuccessfully, so he used an iron chain to lock the right front door handle and wheel of Xiao Zhou's vehicle together and left. Later, during Xiao Zhou's start of the vehicle transfer process, the door handle was broken by the chain. Xiao Zhou sued the court, demanding that Xiao Yan compensate the vehicle for repair costs.
Disputes arising from parking difficulties shall be resolved rationally by both parties in accordance with the law. After Xiao Yan failed to negotiate to move the car, he used the excessive method of locking the co-driver's door that was not easy for the driver to find and did not clearly inform the owner that the handling method was improper and should bear 70% of the compensation liability. Xiao Yan has been running an enterprise near the parking lot for a long time, and should be aware of the nature of the parking lot, failing to deal with the matter of moving the car in a timely and peaceful manner, and there is also a fault, and the remaining losses are borne by Xiao Yan.
Case 3
Xiao Zheng and Xiao Qin live in a community, one day, Xiao Zheng found that Xiao Qin parked the vehicle in front of his vehicle, resulting in his vehicle can not leave the parking space. During the dispute between the two sides, Xiao Zheng held a mobile phone video, Xiao Qin saw Xiao Zheng after the video, slapped Xiao Zheng's hand, causing Xiao Zheng's physical injury, Xiao Zheng sued for Compensation for medical expenses.
Parking vehicles on the roads of the community and obstructing the plaintiff Xiao Zheng's vehicle travel was the cause of this dispute, Xiao Qin failed to maintain rationality in coordinating and handling the dispute, and his act of slapping Xiao Zheng's hand caused the plaintiff's physical injury, which was obviously improper and should be pointed out. Now Xiao Qin has expressed in court that he realized that slapping Xiao Zheng's hand was an improper act, agreed to compensate for medical expenses, and apologized in court, and the court recognized it.
Case 4
Xiao Han parked the vehicle on the side of the main road under his house, and the parking location was not the parking space designated by the community. After the security guard of the community found out, he called to inform Xiao Han that he needed to move the car, xiao Han went downstairs because he refused to move the car and had a verbal altercation with the security guard, and used his mobile phone to shoot the scene, the security guard came forward to stop it, and the two sides had a physical conflict, resulting in injuries to Xiao Han and the security guard. Xiao Han sued the property company for compensation for medical expenses and other related losses.
The dispute arose because Xiao Han did not stop according to the regulations, and the fault was first. After the security guard in the community called to inform him of the car, Xiao Han had a verbal altercation with the security guard and still did not move the car. After the fierce verbal conflict, Xiao Han's shooting with his mobile phone led to the escalation of the situation to a physical conflict, and Xiao Han should bear 60% of the responsibility. The community security guard also did not treat the dispute calmly, there was a fault, because it was a professional act, and the property company bore 40% of the responsibility.
Case 5
Xiao Chen temporarily parked the vehicle on the road in front of the building because he took the child to make up for the class, and Xiao Shan thought that Xiao Chen's vehicle had affected others, so he argued with Xiao Chen. During the dispute between the two sides, Xiao Chen's vehicle slipped upside down, hit other people's cars, and damaged the car, so he sued the court.
In the process of the dispute between the two parties over the parking problem, Xiao Chen's vehicle has been in a state of activation, Xiao Chen as the driver did not take safe and complete braking measures for the vehicle to get off the car, so the damage caused by the vehicle slipping was because Xiao Chen got off the car without taking parking braking measures, so Xiao Chen's litigation claim was not supported.
Except for neighborhood conflicts
There's a lot of "parking space wars" in court that you don't know about.
Illegal parking will result in fines
A residential property notice said that the parking space in the community was full, and the owner could no longer handle the parking business for newly purchased vehicles. In order to facilitate commuting, the owner Xiaoxin had no choice but to "fight guerrillas", parked the car on the side of the road parked for a limited time, and was fined for overtime many times, and sued the property in anger.
Zhandao parking table dissatisfaction
In order to facilitate management, the property builds a gate at the entrance and exit, and as soon as the ground parking space in the community is full at night, it is forbidden to enter the gate. The owner of the car who returned late angrily parked the car at the entrance and exit, and quarrels occurred from time to time. The entrance and exit is blocked so that only one body of the passage can pass, the entry and exit must be careful, a vehicle that accidentally passes normally is scraped, and the unreasonable management methods of the property company are sued by the residents in court.
The charging pile is occupied by fuel vehicles
With the increase of new energy vehicles, many times when residents urgently need to recharge, they will find that the charging pile is occupied by fuel vehicles, which has a great impact on the travel of car owners. The contradictions between the owners of oil and electricity vehicles have become increasingly acute, and there are sometimes court battles.
Arbitrary charges lead to confusion
In cases, car owners are often sued by property companies for evading parking fees. There are also property companies that charge chaotic and unfair fees; privately parking social vehicles, which further tightens the parking spaces in the community; and even use parking as an additional means of generating income for the property, which leads to lawsuits by the owners.
It is not safe to stop the road
Improper parking of vehicles blocked the fire and ambulance passages, and after an emergency, the firefighting and ambulance vehicles could not be put in place in time, and the consequences were unimaginable. If a fire breaks out in a community, the fire truck arrives at the scene because it is occupied by the vehicle and cannot enter, the enthusiastic people work together to overturn the car, and then the damaged residents sue the property for compensation for the losses caused by poor management.
Whether it is a neighborhood dispute or dissatisfaction with property management, a daily dispute involving a parking space is always "a thousand enemies and eight hundred self-inflicted damage", and it is not advisable for everyone to lose time, money, and hurt and anger.
In addition to some newly built communities in the parking space planning is relatively perfect, most of the community has the problem of parking space shortage, in the trial of the case investigation, we also found that many communities are exploring some effective parking management "new models" through residents' autonomy and co-governance.
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Law Popularization Small Class
1
Guide residents to park reasonably with the laws of the market
Take the price as leverage, use the market to allocate resources, rationally allocate community public parking resources, and collect public resources from parking fees, take them from the people and use them for the people. For example, a community originally free parking for 1 hour, within 8 hours only charged 5 yuan, resulting in a lot of temporary vehicle parking, especially the "playing mahjong" group, seriously affecting the lives of residents, and now after the community owners' assembly voting, the implementation of 2 hours of free parking during the day, more than the time according to the hourly charge of 10 yuan, to a certain extent to alleviate the community parking contradiction.
2
Flexible allocation of parking resources with self-discipline sharing
The key to the community parking problem lies in solving the contradiction between supply and demand. For example, residents of a community and property staff jointly established a parking management WeChat group, fixed parking space residents spontaneously reported whether the day's parking space is needed, the day does not stop by the property company to coordinate the conversion into temporary parking space, and residents agree that after 11 o'clock if there is no special instruction, the fixed parking space that returns late will automatically be converted into temporary parking space, through resident self-discipline sharing, effectively improve the use rate of parking spaces, solve the contradiction between supply and demand of parking spaces, and reduce resident disputes.
3
Follow the rules with a balanced mindset of transpositional communication
On the one hand, community regulations are also flexible, and travel and parking are mutually considerate. For example, there is really no space in the parking lot, and the fuel vehicle can also be temporarily parked in the charging space, or occupy the parking space of others for a short time. At this time, you must remember to leave your contact information, communicate and negotiate with others, and drive away in time. On the other hand, the community is also an illegal place, rights and obligations accompany each other, the owner should abide by the provisions of the management convention on the parking order of the community, actively cooperate with the property to perform its duties in accordance with the law, and jointly maintain the parking order of the community.
Civilized and harmonious environment, residents build and share. To effectively improve the problem of "parking difficulties", it is necessary to work together to solve the problem, the neighborhood committee, the property, the industry committee, the units along the line to integrate the existing parking resources, work together to establish rules, use the rules, abide by the rules, improve the efficiency of the use of parking spaces, let the vehicles each sit in their place, rather than abandon the rules because of private interests, so that there may be a scene of "blocking parking spaces and losing both sides". I hope that you and I living in the community can learn self-discipline and communication, and turn every trivial fuse into an opportunity of "no fight and no acquaintance".
Source| Shanghai Minhang District People's Court
Author: Liu Wenyan, Shen Lu
The image originates from the internet
Responsible editor | Qiu Yue