Is it illegal to occupy other people's parking spaces?

Occupation of private parking spaces violates the law and infringes on their legitimate rights and interests. The infringed party can solve it through consultation. If negotiation fails, a lawsuit can be brought to the people's court and an application for compulsory execution can be made after the judgment takes effect.

Is it illegal to occupy private parking spaces?

1. If the parking space has been bought, including the parking space with the right to use, it is of course infringement and can be adjusted by civil law. If the parking spaces where individuals have not purchased property rights or use rights belong to public parking spaces, there is no infringement problem.

2. Never occupy other people's private parking spaces. Usually, once a parking space is purchased by an individual, it becomes private property. Parking a vehicle in a personal parking space without the consent of the owner of the parking space infringes on the private property of others.

3. The parking fee generated by the owner parking the vehicle in other places due to the driver occupying the personal parking space shall be borne by the driver occupying the parking space.

4. The owner can indicate in the personal parking space that the parking space belongs to the individual, and it is forbidden for others to park, or install a parking lock, and lock the parking lock when his car leaves the parking space, thus fundamentally eliminating the possibility of others parking the car privately.

5. Temporary occupation by others can be solved by telling the driver about the property or leaving a message on a note to remind the other party to stop occupying it. For the management of vehicle parking, the residential property should remind drivers who park other people's personal parking spaces and guide drivers to park their cars in other public parking spaces. In the event of a dispute, all parties should strengthen communication and discuss solutions instead of blindly intensifying contradictions.

Prosecution procedure

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:

1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.

Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.

Article 4 This Law must be observed in civil litigation within the territory of People's Republic of China (PRC).

Article 231 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.

Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.