These two areas are subject to different legal regulations and therefore also entail different consequences in case of violations.
🏛️ 1. Public Parking – Administrative Fine Procedure
When parking in a public parking space or on a public street, the Road Traffic Act (SVG) and the Traffic Regulations Ordinance (VRV) apply.
Violations are sanctioned within the framework of the administrative fine procedure.
📋 This means in detail:
Violations (e.g., exceeding parking time, parking without a ticket, parking on the sidewalk) lead to an administrative fine.
The amount of the fine is specified in the official catalogue of administrative fines.
This ensures a uniform, transparent, and nationwide valid sanctioning.
The police or the municipal regulatory service is responsible for control and issuing fines.
💡 Example:
If you park in a blue zone without a parking disc, the police can issue a standardized fine according to the administrative fines ordinance.
🅿️ 2. Private Parking – Possession Protection and Judicial Prohibition
The situation is different on private property.
Here, public road traffic law does not apply, but rather civil law.
The owner or authorised user independently decides who may park there – and can sanction violations accordingly.
According to Article 258 of the Swiss Civil Procedure Code (ZPO), a landowner can apply for a judicial prohibition. This is directed against third parties and forbids parking without permission.
📋 Key points:
The judicial prohibition serves to protect the possession of the owner.
It is not necessary that other vehicles are blocked or an immediate disturbance exists.
Anyone parking despite the prohibition can be fined with a fine of up to CHF 2,000.–
The procedure is carried out in case of violations by the competent authority or the single judge.
💡 Example:
A parking space with the notice “Private – judicial parking prohibition according to Art. 258 ZPO” is legally protected.
Parking without permission can immediately lead to a criminal complaint and fine.
💰 3. Disruption Compensation or Contractual Penalty on Private Land
In addition to criminal sanctions through a judicial prohibition, the owner or a commissioned company can also charge a disruption compensation or a contractual penalty.
💼 Disruption Compensation
This serves to compensate the actual administrative and labour effort caused by unauthorized parking. This includes, for example:
the identification of the vehicle owner,
the administrative effort for documentation, letters, and reminders,
as well as the extra effort for repeated violations.
💡 Note:
The disruption compensation does not constitute a fine, but a civil claim covering the incurred effort.
⚖️ Contractual Penalty (Conventional Penalty)
Alternatively, the owner can set a contractual penalty on their private land, which applies if the parking rules are violated.
This is based on private law and applies if access or use of the property is subject to clear conditions that have been clearly signposted.
📋 This means:
By parking your vehicle on the premises, you implicitly (tacitly) enter into an agreement with the owner.
If the posted rules are violated, the agreed contractual penalty becomes due.
The amount and conditions of the penalty must be clearly and visibly communicated on site.
💡 Example:
The sign says:
“Parking for customers only – Unauthorized parking will be sanctioned with a contractual penalty of CHF 60.”
By parking, you accept this regulation – and in case of violation, the contractual penalty becomes due.
🧭 Comparison: Public vs. Private
| Feature | Public Parking | Private Parking |
|---|---|---|
| Responsibility | Police / Municipality | Owner / Authorised User |
| Legal Basis | Road Traffic Act (SVG), Administrative Fines Ordinance | Civil Procedure Code (ZPO), Code of Obligations (OR) |
| Sanctions | Administrative fine according to fines catalogue | Disruption compensation, contractual penalty, or judicial prohibition |
| Control Authority | Police / Regulatory Service | Owner, agents or service providers (e.g., Beppo) |
| Maximum Possible Fine | Uniformly set | Up to CHF 2,000.– (judicial prohibition) |
💡 Summary
On public parking spaces, traffic regulations apply – violations are sanctioned by the police or municipality with administrative fines.
On private property, civil law applies: The owner decides who may park.
Violations can be sanctioned with a disruption compensation, contractual penalty, or a judicial prohibition.Both systems are legally independent of each other – private is not the same as public.
📝 Remember:
A parking space may appear publicly accessible – legally, it can still be private property.
Therefore, it is always advisable to take a quick look at the signage before you park.