Baoxin View

Baoxin Opinion | Knowing the law and understanding the law are the prerequisites for protecting rights according to law

Release time:2019-05-18

case:


Recently, Ms. Yang reported to reporters that she and her husband drove to Yinglian Times Square in the Eastern District and parked the car in the parking lot on the first floor of the square. When they came back to pick up the car in less than an hour, they found that their wheels not only It was locked by the security guard of the square, and an unlocking fee of 50 yuan must be paid. It turned out that Ms. Yang had parked the car in a private parking space for others because she didn't pay attention to it. Ms. Yang expressed guilt for her behavior of parking the car in the private parking space for others at once, and had already told the user of the parking space apologize. But Ms. Yang believes that the Plaza Property Management Company should not directly lock her car and charge her an unlock fee of 50 yuan without informing her to move her car.


The security guard of the plaza said that there have been many cases of outside vehicles that were locked after being parked in other people's special parking spaces, and the practice of locking cars was a requirement of the plaza property management company.


According to this, does the Plaza Property Management Company have the right to lock the vehicles parked in other people's special parking spaces and collect the unlocking fee? The reporter consulted our lawyer Zheng Jianmo.



Attorney Zheng Jianmo's view

Ms. Yang parked the vehicle in the parking lot of the square and formed a legal custody contract relationship with the parking lot manager. In this custody contract legal relationship, the square manager has the right to charge Ms. Yang the corresponding parking management fee. In addition, when Ms. Yang parked the car in a parking space reserved for others, the plaza manager had no right to take compulsory measures to lock the car and charge an unlock fee for Ms. Yang's car. In response to Ms. Yang’s parking in other people’s exclusive parking spaces, as the plaza manager, she can dial 114 or directly notify Ms. Yang to move the car. The plaza manager privately locks Ms. Yang’s car and charges an unlock fee The behavior will involve infringement.


Lawyer Zheng also said that if a neighborhood encounters the above situation, it is recommended to retain the relevant evidence and complain to the relevant local authorities in time for rights protection. At the same time, remind the majority of car owners to park their cars in public parking spaces consciously, do not occupy other people's special parking spaces, to avoid inconvenience to themselves and others.


Popularizing legal knowledge, raising the public's legal awareness, and helping the public to protect their rights in accordance with the law will be one of our lawyer's duties. Our lawyers said that in the future work, while carefully handling each case, they will actively spread more legal knowledge to the general public, so that everyone in life knows how to know the law, understand the law, abide by the law, and Qualified citizens who protect their rights in accordance with the law.



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