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The police station is generally not responsible.
For the "zombie car" that fails to pay the parking fee on time, and at the same time cannot contact or inquire about the owner or vehicle information, if the vehicle may have a fake license plate, occupy the road and park illegally, and reach the mandatory scrapping period, the property company can seek the traffic police department to deal with it.
If the vehicle does not fall within the scope of the traffic police department's handling authority, the property company can sue the owner of the "zombie car" to the court, claiming that the owner bears the corresponding civil liability such as stopping the infringement and removing the nuisance.
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Trailer. If the "zombie car" is illegally parked outside the red line map of the building, the traffic police can punish it in accordance with the Traffic Safety Law, including taking towing measures. If the "zombie car" is parked in the red line map, it falls within the scope of administrative law enforcement, and according to the "Property Management Regulations", the urban management department has the right to punish or tow away the illegally parked vehicles within the red line map.
Indict. At present, the most troublesome to residents is the "zombie car" in the community, for this kind of car, the lawyer pointed out that as far as the current regulations are concerned, the property does not have the right to forcibly tow away the illegally parked vehicles in the community.
However, the problem can be solved by means of litigation, for the community that implements parking fees, the property can sue the owner of the car for non-payment of parking fees, and apply for compulsory auction of the vehicle after winning the lawsuit; For communities that have not implemented parking fees or communities without property management, because the "zombie car" has violated the rights of all owners, the owners' committee can sue the owners in their own name and apply to the court for enforcement after winning the lawsuit.
Legislation. Although the prosecution method is feasible, it takes a lot of time, so the lawyer also suggested that the process of disposing of "zombie cars" should be simplified and shortened for those outside the community that fall within the scope of the administrative authority's management; For the "zombie cars" in the community, the "Property Management Regulations" should be amended to authorize the property or the owners' committee to dispose of the "zombie cars" first under certain conditions. When disposing of the "zombie car" first, a notary public can be invited to be present to notarize the condition of the vehicle and the items in the vehicle.
Concentrated. In an interview with reporters, a traffic police officer also advocated the passage of legislation to solve the problem of "zombie cars". However, he thinks differently than a lawyer.
He proposed that legislation be passed to clarify a responsible department, responsible for contacting towing companies or forming a towing team, and centrally drag and drop these "zombie cars" to one place, such as Huandao Road, suburbs and other places, centralized management, no longer waste resources in areas with a shortage of parking spaces.
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The method of dealing with zombie cars in the community is as follows:
1. The zombie cars in the community will be solved by the street and community residents through joint consultation and co-governance, and the urban management will deal with them in cooperation with the comprehensive management, public security, and fire protection of the jurisdiction;
2. If you encounter zombie cars in the community, you can report them to the local street or regional office;
3. If you encounter a zombie car on a public road, you can report it to the traffic management department.
What are the methods of dealing with zombie cars in the community.
1. If it needs to be cleared in the community, it is under the management of the housing management department, and the property company can contact the property in the community, and the property company will contact the owner of the car or the traffic police department to deal with it;
2. If you park next to the community and on the public parking spaces on both sides of the municipal road, or illegally park on the sidewalk, you can contact the Municipal Urban Management Committee and you can call the Royal Sanda Traffic Police ** to implement online communication and processing;
3. If you encounter a zombie car on a public road, you can report it to the traffic management department.
[Legal basis].Article 207 of the Civil Code of the People's Republic of China.
Article 208.
The establishment, alteration, transfer and extinction of the right to demolish immovable property shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
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The zombie car was handled by the traffic police department. If it is a zombie car parked in the community, it should first be managed by the property, and if the property owner still ignores it, then call the police to deal with it. Long-term ownerless vehicles that occupy the road and park can be forcibly towed away; For vehicles that have no annual examination, no license plate or forged license plate, and have reached the scrapping standard, legal documents can be issued and forced to be towed to the special parking lot; Cars suspected of theft and robbery may be detained and handed over to the case-handling unit for handling in accordance with law.
Road Traffic Safety Law of the People's Republic of China
Article 100. 1. Detain the vehicle, confiscate it, and forcibly scrap it in accordance with the law;
2. It is the handling of vehicles involved in theft and robbery. Where it is discovered that the vehicle is suspected of theft, stolen goods, or other illegal crimes through inquiries into the national stolen motor vehicle information database, the vehicle shall be detained, and the vehicle shall be registered in a timely manner and transferred to the case-handling unit for handling in accordance with law;
3. It is the handling of vehicles suspected of other road traffic safety violations. Through the query and comparison of the vehicle information system, it can be confirmed that the vehicle is a fake license plate, overdue failure to participate in the safety inspection, etc., should be in accordance with the relevant provisions of the "Provisions on the Handling Procedures for Road Traffic Safety Violations", through the first and other ways to notify the vehicle owner and manager in a timely manner to accept the processing. When dealing with it, the relevant circumstances should be investigated and verified, and the corresponding illegal acts should be punished;
4. If the party concerned does not accept the treatment within the time limit, it shall be announced to the public in a timely manner in accordance with Article 112 of the Road Traffic Safety Law and other relevant provisions; Vehicles that do not come for treatment after 3 months of announcement shall be dealt with in accordance with the law.
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Legal analysis: The zombie car in the community is handled by the travel bureau department, and the zombie car refers to the car that occupies the public road and its sides, parking lots, residential quarters, green belts and other areas for a long time, and has been unmaintained and used for a long time, and has one or more situations such as dilapidated appearance, dust, shriveled tires, and missing license plates. The methods of dealing with the community zombie car are as follows:
1. The "zombie car" is parked in different places, and it will be more efficient to report it to the corresponding management department, and it can be handled by contacting the relevant travel management department**;
2. If it needs to be cleared in the community, it is under the management of the housing management department, and the property company can contact the owner of the car or the traffic police department to deal with it;
3. If Xinjing is parked next to the community and on the public parking spaces on both sides of the municipal road, or illegally parked on the road in Tanzhou, you can contact the Municipal Urban Management Committee and call the 12123 traffic police ** to implement online communication and processing.
Legal basis: Article 56 of the Road Traffic Safety Law of the People's Republic of China Motor vehicles shall be parked at designated places. It is forbidden to park motor vehicles on the sidewalk; However, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.
Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.
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Legal analysis: For the phenomenon of zombie cars in the community, it belongs to the management of the property company and the property committee. In this regard, reasonable and legal means should be adopted to manage this, and coercive and illegal means should not be used to interfere.
If the relevant personnel park indiscriminately and obstruct the passage of others or the order of the community, causing damage to the interests of other owners, the property management company may stop it, and may also require it to compensate based on the actual losses.
Legal basis: Civil Code of the People's Republic of China Article 942 The service provider of the property balance shall properly repair, maintain, clean, green and manage the common parts of the owners in the property service area in accordance with the agreement and the nature of the use of the property, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.
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The zombie car was handled by the traffic management department of Anji Biyingguan. Citizens should park in an orderly manner in accordance with the relevant provisions of traffic laws, and citizens can call 122 to report such vehicles on the road. The traffic police department will contact the owner of the vehicle at the first time and inform him to remove the vehicle, and if it cannot be contacted, the vehicle will be towed to the parking lot.
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