Investigate property

In a similar situation, the owner can first investigate the relevant responsibilities of the property company as the garage manager, and at the same time sue the infringing owner for compensation after obtaining evidence.

Legal analysis

Private parking spaces are protected by law, and the property management company, as the garage manager, has the obligation to manage the parking spaces by charging the property management fee for the parking spaces. If the property company fails to find and stop others from occupying the owner's parking space in time, and there is obvious negligence in the work, it shall bear relevant responsibilities. Owners can ask the property management company to organize forces to tow the vehicle away, and then try to find the owner who occupies the parking space and hold him accountable. You can call the owner directly. The average car owner knows that he has occupied someone else's parking space and will come to move the car without special circumstances. The specific details need to be determined according to the contract, which can generally be considered from two aspects: (1) The parking fee paid is only for my parking. The property is not responsible for custody and custody. (2) Parking fees paid include storage fees. Property responsibility. If the property company fails to find out in time that others occupy the owner's parking space, it shall bear relevant responsibilities. If the private parking space is occupied by others, the parties can first investigate the relevant responsibilities of the property company and sue the infringing owner for compensation. Private parking spaces are protected by law, and property management companies are obligated to manage parking spaces when they charge property management fees. The owner can ask the property management company to tow the vehicle away, and then find the owner who occupies the road to investigate the responsibility.

legal ground

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 285 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Property service enterprises or other managers shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the third part of this law on property service contracts, accept the supervision of the owners, and promptly answer the owners' inquiries about property services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.