It happens over and over again that unauthorized persons park their vehicles in a private parking lot. This can be very annoying for those affected, and the question arises as to how owners can protect themselves against this. If the authorized party suddenly needs his parking space, he is entitled to have the vehicle towed away on the basis of the protection of ownership under civil law. However, as the client, he has to pay the costs.
The client therefore bears the cost risk with this variant. The costs can be reclaimed from the parking offender by civil action. More effective is the protection of a judicial ban. In this case, the authorized person can choose whether to demand handling fees incurred or to file a criminal complaint. According to the case law of the Federal Court of Justice, handling fees may be demanded from parking violators who disregard the prohibitions imposed by the court.
Why do the police not fine parking violators in a private parking lot?
Since the traffic regulations of the Road Traffic Act do not apply to non-public traffic areas, the police cannot issue an administrative charge or otherwise take action in the case of a private parking space.
Is it permissible to demand handling fee from the violator of the parking due to disregard of the prohibition by the audience judge?
According to the case law of the Federal Supreme Court, handling fees may be charged in case of disregard of the prohibition of wrong parking by an audience judge.
The Federal Supreme Court stated that the handling fee can be charged for the expenses actually incurred by the person entitled to the parking space. This includes the personnel expenses necessary for the assertion of the civil claims, the expenses for paper, postal charges etc. as well as the keeping of a simple accounting with a control of the incoming payments. On the other hand, there is no claim for compensation for general measures to monitor and secure parking spaces.
Since the eligible items of loss cannot be determined precisely with reasonable effort, an estimate may be made.
The entitled party has the choice whether to demand handling fees or to file a criminal complaint. Both are also possible together.