What should I do if the owner parks the property randomly and does not have a phone?

With the sharp increase in residents’ private car ownership, the phenomenon of chaotic parking in residential areas is becoming more and more common. In closed communities with limited space, indiscriminate parking not only causes congestion but also easily creates safety hazards. In some communities, there have been incidents where ambulances and fire trucks were unable to enter due to indiscriminate parking, which affected rescue operations. For a long time, the phenomenon of chaotic parking in the community has been prohibited and even intensified.

Typical case:

Pictures

Recently, a car owner failed to park his vehicle in the prescribed parking space in a certain community and was locked by the property management security guard. After paying a fine of 30 yuan, I was able to leave.

After the incident, many property owners believed that illegal parking of vehicles in the community affected the travel of other people and must be severely condemned! The security guards also take their own "strict management" behavior as a matter of course.

Expert Interpretation

1. According to the relevant provisions of the "Administrative Punishment Law", fines are a type of administrative punishment, except for laws, administrative regulations, local regulations, ministry regulations and local regulations. In addition to regulations, other normative documents shall not set administrative penalties. Therefore, the documents drawn up by the property management company shall not set fines, and the property management company does not have the administrative penalty power granted by law. Naturally, it does not have the right to require vehicle owners who park illegally to pay fines. This kind of penalty behavior of the property management company is not reasonable. and legality.

2. The property management company does not have the right to lock the vehicle. Locking the illegally parked vehicle violates the property rights of the owner. If the vehicle is damaged, the property management company will bear corresponding liability for compensation.

3. According to Article 470 of the Contract Part of the Civil Code, the content of the contract is agreed upon by the parties and generally includes the following provisions: (7) Liability for breach of contract. If the property management company agrees when signing the property management contract that it can charge the owner for illegal parking, the property company can charge liquidated damages from the owner according to the contract, but the liquidated damages cannot be forcibly collected through improper methods such as locking the car.

4. If the property company does not make an explicit agreement on this when signing the property management contract, the property company shall not charge any fees for the owner's illegal parking.

Legal risk prevention

As for the phenomenon of random parking of vehicles in the community, the property management company should manage it through legal and reasonable means.

As the manager of the order of the community, the property management company accepts the entrustment of the property owners committee to provide property management services. The vehicle parking service is an additional service incidental to the property management service in the jurisdiction. The property management company has the right to provide parking services. The parking lot is operated and managed and vehicle parking fees are collected.

For this service, the property company can make clear stipulations in the property service contract or a paid parking space contract signed separately with the owner, stipulating that if the owner fails to park the vehicle in an orderly and reasonable location in accordance with the management regulations, At that time, the property management company has the right to lock the car and require it to pay a certain amount of liquidated damages. If it causes damage to the interests of other owners or hinders the entry of fire-fighting vehicles, compensation must also be paid.

When there is a clear agreement in the contract, the property company can punish owners who park randomly by locking their cars and requiring them to pay liquidated damages. However, it is worth noting that, first of all, locking the vehicle cannot cause any damage to the vehicle; secondly, when the owner parks the vehicle in a designated location in accordance with management regulations, the property management company bears the risk of damage or loss of the vehicle.

The so-called damage and loss of vehicles in vehicle management mainly refers to situations such as vehicle body damage and vehicle loss during the operation of vehicle parking services in parking lots within the property area. While the vehicle is parked, the exterior of the vehicle may be scratched by a third party's tools, may be damaged by intentional or unintentional collisions with other parked vehicles, or may be stolen or robbed while parked. Such incidents and litigation disputes have long exposed property companies to the risk of large compensation payments. The key to assuming responsibility for such incidents lies in the judgment of the nature of the parking. Whether the legal relationship between the two parties is established or not determines whether the property company will compensate or not. Therefore, you must first sign a vehicle service agreement with the owner or user, clarify the nature of the contract, and exclude the custody relationship.

According to previous court precedents, if the custody contract relationship is not established, the property company does not need to bear responsibility for the damage or loss of the vehicle.

Secondly, the property management company can prevent risks from the construction and maintenance of parking lot hardware, ensure that the planning and construction of the parking lot comply with the conditions stipulated by law, try to avoid billboards, dangerous walls, etc. in site selection, and must be responsible for related parking. Maintenance and repair of field facilities, timely discovery and solution of problems during daily inspections, and elimination of dangers.

In addition, the content of the vehicle parking service in the parking lot should be made into a public notice board and placed in a prominent location in the parking lot to clearly indicate whether the parking lot operating unit assumes the responsibility for the custody of the vehicles. The parking lot may be damaged due to maintenance projects and other reasons. When damage is caused to a parked vehicle, the vehicle parker should be clearly informed in the form of signs and other forms, and the areas that may cause vehicle damage and danger should be individually fenced and isolated, and vehicles should be clearly prohibited from parking in the above-mentioned areas.

Management measures:

1. The property company’s fine is wrong and has no basis in law. However, if there is an owner's agreement or a relevant decision from the owners' meeting, penalties such as liquidated damages can be imposed on the counterparty who breaches the contract, and the management of the income and expenditure of liquidated damages should be clear and standardized.

2. The property management company’s management measures such as guiding, guiding, discouraging, removing obstacles, and providing assistance to vehicles parked randomly in the community are well-founded, legitimate and reasonable in accordance with the law, and it is also an obligation that it must perform; Drivers or car owners related to this should cooperate with its management.

3. The above-mentioned management measures of the property company, the essence of their powers and responsibilities, originate from relevant laws and regulations and the authorization of all owners.

4. Isolation facilities can be set up on the main roads of the community to strengthen management. The property company’s relevant management measures and consequences should be communicated with the property owners committee in a timely manner.

5. Owners can be reminded in writing or criticized through publicity boards, electronic screens, etc. for their uncivilized parking behavior, and the government law enforcement agencies can be informed in a timely manner.

6. For those who seriously violate regulations or violate social ethics, you can contact the integrity mechanism to deal with them.

7. Take photos and videos of illegally parked vehicles and illegal parking scenes.

8. Notify the car owner by phone to remove the vehicle within a time limit and preserve the evidence of the phone recording.

9. If necessary, notify the traffic control department for on-site processing.

10. In an emergency, ask a professional organization to tow away the illegally parked vehicle, and require the owner of the illegally parked vehicle to bear the towing fee paid by the property company.

11. Set up no-parking signs in no-parking areas, and drive piles where there are fire escapes to prevent them from being occupied, so as to regulate parking behavior and ensure good management traces.

12. Property companies can modify and improve the charging system for property service items such as parking vehicles, adjust the charging standards for surface parking spaces and underground parking spaces, guide owners to park their vehicles in underground garages, and increase the number of parking spaces in the community. Usage rate, reducing parking pressure on the ground