Private parking and costs for empty runs?
I parked in a private parking lot. It didn't have a sign (I know that's not legally required), and it's not marked as private anywhere. It could just as easily be a public parking lot, since the lot is also vacant. As a result of parking there, I was billed for an empty run after a failed towing operation almost three months later. Is there anything I can do?
(3 rating, 3 votes, rated)You need to be a registered member to rate this.
Loading...
Is this the correct procedure? You park on property or in a parking lot that isn't clearly private. Twenty minutes later, the owner of that space calls a tow truck. They apparently arrive, but instead of towing you, they leave you a note. What did that note say?
He probably didn't tow you because the legal situation was too unclear and the client couldn't clearly prove that you had parked there illegally.
The client is responsible for paying for such a towing job, especially if it's a private job. The guy probably didn't want to do it and refused, which is why the tow truck company is now contacting you. Hence the three-month delay.
If you're a member of the ADAC (German Automobile Club), you have free legal advice. I would take advantage of that now. Otherwise, there are lawyers online who can advise you at a relatively low cost. That's certainly cheaper than the towing costs.
Since you didn't hire the tow truck, they can't bill you. So, you don't have to pay anything. It's just a question of how to handle it and what the note on your car said.
Somehow I find the situation quite strange.
Either pay or go to a lawyer
Then I would definitely not pay anything!
Especially since a private parking space does not necessarily need to be marked BUT in order to be able to assert claims – it does need signs!
Thank you in advance, that was also my interpretation of the issue. Unfortunately, I can't find a legal norm or court ruling that reflects this.
Maybe this is a start?
https://www.bussgeldkatalog.de/privatparkplatz-kennzeichen/
Yes, I had already read that, but this is "just" an article on the Internet without any references.
I advise you to consult a lawyer. Otherwise, leave it alone.
Yes, you can pay. There's certainly no way around it if you don't want to risk being prosecuted.
As long as there are no signs or it is otherwise marked as private, the owner has no legal claim to anything
Yes. It's his reason, and he doesn't have to put up signs.
According to the road traffic regulations, he is not obliged to do so, that's true!
However, if he wants to make legal claims (!) clear (contractual penalty or, as in this case, towing), the parking area must be marked as private space!
If there is no sign and it is not clear that it is a private parking lot, he cannot legally do anything or demand anything and will have to bear the costs if he calls a tow truck, for example.