In every yard there are at least several vehicle owners who illegally fence off their parking spaces with posts or chains.
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If someone parks their vehicle in this place, the consequences will be unpredictable: from a banal verbal statement to damage to the car (scratches, punctured wheels, and so on).
It is necessary to pay attention to the fact that illegal seizure of parking spaces is a common option, which is subject to administrative liability in the form of a fine in accordance with Russian law.
What is this
Russian legislation provides the opportunity to leave vehicles in courtyards if this is permitted by traffic rules (does not interfere with passers-by or other vehicles).
If the owner of a vehicle has fenced off a plot of land near his house without coordinating his actions with other owners of residential premises, thereby significantly limiting their unhindered access to common property, then we can confidently speak of an illegal seizure of the territory.
It is unacceptable to install any types of fences, including barriers and hemispheres, without prior approval from other residents and the administration.
What is regulated
- In case of illegal installation of fences, the offender, in accordance with Art. 7.1 of the Code of Administrative Offenses of the Russian Federation faces punishment.
- For citizens of the capital, clause 1 of Art. 20.4 Code of Administrative Offenses of the Russian Federation .
- If parking posts and fences have become the main reason for violations of fire safety requirements and standards, in particular the formation of obstacles at the entrance/exit, then one should build on clause 8 of Art. 20.4 Code of Administrative Offenses of the Russian Federation .
- In case of damage to the road surface, liability is provided for in Art. 12.33 Code of Administrative Offenses of the Russian Federation .
Illegal seizure of territories
Some vehicle owners appropriate a certain part of the yard or other territory as personal property, while trying to carve out a personal parking space for themselves.
In some areas you can see posts, chains, or even signs with state license plates of cars and other types of vehicles. These types of fencing do not provide the opportunity for other residents of apartment buildings to install vehicles.
This problem is quite common. Russian legislation provides for the option of organizing legal parking. To do this, you must meet certain requirements. In case of failure to comply with the conditions established by Russian legislation, unauthorized organization of parking is illegal.
Why did the HOA prohibit the owner from entering the parking lot?
The owner of an apartment in one of the apartment buildings in St. Petersburg rented out his apartment and gave the tenant the keys to the barrier located in the courtyard of the building. The HOA decided that the tenant does not have the right to use the parking space and blocked the remote control for the barrier.
The HOA justified its decision by the decision adopted by the general meeting of the owners of the premises of this apartment building that only cars of the owners of the premises could enter the parking lot. The dispatcher allowed outside vehicles to enter if the owner had previously warned him of such a need.
The owner decided that the HOA limited his rights to the MKD land plot, denying him access to the parking area.
The owner of the rented apartment and the HOA failed to find a peaceful solution to the problem. Then the property owner went to court with the following demands:
Provide him with two working barrier remote controls to replace the damaged ones.
Do not create obstacles to the use of the MKD land plot.
Management organization and landscaping of the courtyard area
Opportunity to arrange your own place
Some localities allow you to pay for your parking space.
The HOA distributes the funds received evenly among the residents of the house or directs them to solve household needs, in particular:
- for repair work;
- for maintenance and so on.
In such a situation, citizens can and have the right to formulate parking conditions on their own. The law allows for the construction of a multi-storey parking lot. Thanks to this, you can recoup the costs, and the rental fee itself will not have a strong impact on the personal budget of the vehicle owner.
For example, we can cite the official portal “Moscow is our city ,” formed through close cooperation between the local executive authorities and public activists. On the website you can file a complaint about the seizure of a parking space in the courtyards in a matter of minutes.
It will be enough only after filing a complaint to attach a photo of the offense and within 7 days a response will be provided about the corrective action.
What threatens those who protect
According to Russian legislation, the amount of fines is:
- for individuals – from 1.5 thousand rubles ;
- for legal entities – up to 300 thousand rubles .
Depending on the consequences of the offense, the amount of the penalty may vary up or down. Violators have time to liquidate their parking space without a fine. To do this, you need to eliminate illegal parking before filing a complaint.
Don't know what parking looks like graphically? Read about this in the article: parking scheme. What follows after a violation of parking rules is written here.
Who could use the closed parking lot of the MKD
The Moskovsky District Court of St. Petersburg decided that the plaintiff’s claims were not justified. The general meeting of premises owners determined the procedure for using the land plot:
- Only the owners of the premises of the house and their personal vehicles have the right to enter the territory;
- the owner of the electronic key is prohibited from using it to allow unauthorized vehicles into the territory;
- admission of special transport to the territory is carried out by the dispatcher;
- cars of strangers are allowed into the local area by the dispatcher by prior arrangement.
The OSS protocol also provides for punishment for violating the established procedure - blocking an electronic device.
The Moskovsky District Court of St. Petersburg upheld the decision of the judicial panel for civil cases of the St. Petersburg City District. The owner was sure that the actions of the HOA were illegal, so he filed a cassation appeal with the Supreme Court of the Russian Federation.
The Ministry of Construction of the Russian Federation on how to design a courtyard for an apartment building
How to deal with illegal parking in yards
If the site, which belongs to a residential building, is the property of the apartment owners, then if the fact of illegal parking in the yard is revealed, the fight against the violator may entail filing a claim with the judicial authority.
Which court should I go to?
The statement of claim must be filed with the district court at the location of the illegally seized territory. If you try to file a claim in another region, the authorized body will unequivocally refuse to consider the complaint with subsequent prosecution of the offender. The rule is clearly provided for by Russian legislation.
In most cases, such a territory is on the balance sheet of the local government.
If illegal parking is detected, many citizens do not know where to complain, so that when they file a complaint, they can guarantee that the motorist will be held accountable.
So where can you complain about illegal parking?
According to Russian legislation, you can contact the following authorities:
- authorized commissions that combat illegal parking. There are different ways to file a complaint with such a commission in each region;
- engineering services operating in specific areas;
- management house companies. This option will be successful if a violation is detected on the private territory of the apartment owners;
- district prefectures;
- public departments that are responsible for maintaining law and order;
- law enforcement agencies, in particular the traffic police.
The best option for where to report would be to file a complaint simultaneously with several authorities. In practice, this can guarantee success.
A complaint about an offense must be made exclusively in writing.
At the same time, you must provide a photograph of the illegal parking. It is recommended to indicate your contact information in it.
After accepting the application, the authorized body assigns it a personal number.
On average, this procedure takes about 2 – 3 days , upon completion of which you can find out the number. The most effective way to combat illegal parking is considered to be contacting the district housing department. Within 30 days , the authority considers the complaint, and after confirming this fact, eliminates the illegal fences.
Additionally, you need to pay attention to the fact that each region has a hotline, by calling which you can verbally leave a complaint.
For example , in the capital the following number is provided: 998-85-05 , which every resident can call to file a complaint.
Illegal parking in the yard where to complain in Moscow
Cases of illegal seizure of parking spaces in Moscow are not uncommon today. Any car owner may encounter this problem. Some people install fences near a parking space in their yard without having any permission to do so. This phenomenon can be combated by contacting the municipal authorities of local self-government, then the tenant will be able to occupy any free parking space in the yard, because this territory does not belong to individual individuals and is state-owned.
You need to start fighting the seizure by contacting directly the government organization that is in charge of managing the housing stock - the Housing Office. There, the complaint will be considered, and the necessary measures will be taken to remove barriers that should not be in the parking space.
There are categories of citizens who have the right to fence off a place and use it individually, although this case occurs only as a result of the citizen’s purchase of this land and the acquisition of the rights of the owner of this place, which will be confirmed by the municipality, city authorities or other self-government bodies. Otherwise, the installation of a fence, chain and other means that prevent other citizens from being on this territory will be classified as seizure of territory and an illegal act.
If there is no legal basis for using the fence, any citizen living in this territory has the full right to occupy this parking space if it is free at that moment, and if a car is already parked there, he can occupy any other free space, while This right is assigned to each resident of the house. After considering the complaint to the housing office, the chain and the rest of the fence that the neighbor installed will be removed and freed from illegal use.
Complaint to the Housing Office about illegal parking
Complaints of this type are formalized in the form of a regular application, where the party whose rights were violated acts as the applicant. Before proceeding with the preparation of this document, you should make sure that there is information about the offender, as well as information about the vehicle that was parked incorrectly. If there is no information about the owner of the vehicle, you should simply indicate the license plates of the vehicle to make it easier for local authorities to find the violator.
Such issues are also resolved in accordance with the Code of Administrative Offences, if you go to court. A fine will be imposed with a further order to remove the barriers and open access to parking for citizens in any free space reserved for a house or residential complex, so that each resident can take a parking space convenient for him.
It should be borne in mind that when writing a complaint, you need to provide complete information about the offense, and therefore you need to attach materials that confirm this. This can be photo and video materials that show that a fence has been installed, the car behind it has driven onto the lawn and is parked incorrectly. There must be clear signs of a violation, the attached materials must confirm the illegal action of the owner of the vehicle.
Sample complaint about illegal parking
Cases when free space is taken over are very common, and in order to eliminate them all, you should actively participate in the implementation of the rights of all residents of the house and complain about violators. The house, in turn, assigns to each resident the availability of a place to leave the car, but does not indicate where exactly. The Housing Office will consider the complaint received, but to do this it must be correctly drafted:
- In the upper right corner the name of the organization to whose name the complaint is being written is indicated (in this case, the Housing Office);
- The name of the document is indicated;
- The circumstances of the observed violation are stated (date, time and place);
- The details of the violation are described, accompanied by materials confirming this (video recording and photographs). It is best to use a video recording and report the time and date on it;
- The details of the author of the complaint, as well as contacts, are indicated;
- Last name, first name and signature are placed next to the date the complaint was written.
Sample application with comment. ______________________________ (in the name of the organization to which the appeal is made) from ______________________ (full name), registered at the address: ______________________________, telephone: _______________________.
Statement I bring to your attention that _ХХ.ХХ.ХХХХ_ (date of discovery of the violation) _in the courtyard of the house_ (located at the address:___________________________, the fact of unlawful seizure of a parking space was established in the following form ___________________________________________________________________________ (here specific facts confirming the illegality of the installation of the fence are indicated) by citizen ___________________________________________________ (information about the offender(s): full name, actual address of residence, telephone number, make/model and license plate of his car).
This illegally installed fence in the form of___________________________ creates obstacles when driving and parking a car. This design creates a potential danger to the health and life of citizens, and also impedes passage. In the event of a fire, this installation makes it difficult for residents and emergency services to pass through other vehicles in the yard.
All my words can be confirmed by the following citizens who witnessed this incident:
1.__________________________________________________________ (full name, residential address, signature)
2.__________________________________________________________ (full name, residential address, signature)
Why can't you break the posts yourself?
Independent work on dismantling, theft or damage is illegal under Russian law. If such actions are detected, the violator faces criminal liability, which is why the best option is a legal method of dealing with unscrupulous motorists.
It is important to remember: dismantling work must be carried out either by the offender himself (after receiving the appropriate order and fine) or by authorized government bodies.
Arbitrage practice
In practice, government authorities often do not respond to submitted complaints. In such a case, after 30 days , you can safely re-file the complaint and send it to the prosecutor’s office, since this body will definitely give an answer and take all the necessary measures.
In addition, many citizens complain that although the application was considered by government agencies, the administration’s response was in the form of a formal reply, on which no action was taken.
To eliminate the possibility of receiving unsubscribes, it is extremely important to write a complaint correctly and without any errors. The document must convey the essence of the complaint convincingly, indicating various arguments and evidence of violation of rights. This is the only way to count on success.
Do you want to understand the responsibility for parking in the wrong place? See the article about this: fine for parking in the wrong place. Details about parking in the yard are written here.
What side parking is is presented here.
What is stated in the rules for visitors
On the websites of shopping centers you can find a set of rules for visitors. The administration is developing it for the purpose of comfortable and safe operation of the shopping center. The rules contain information about what is allowed and prohibited on the territory of the complex, the operating hours of shopping pavilions are specified, and it explains how to use elevators and escalators. A special section is usually devoted to the topic of parking. If parking is free, visitors are informed that the shopping center does not provide security services for personal vehicles and, therefore, is not responsible for its safety.
