It can happen quickly: You park your vehicle briefly in a parking space without knowing that it is a private parking space. However, this can have legal and financial consequences.
Below you will learn what to consider if you park on a private parking space without authorization.
⚠️ Private is not public
Private parking spaces do not constitute public space.
This means:
➡️ The traffic rules of the Road Traffic Act (SVG) do not apply there.
➡️ The police are not authorized to impose fines if you park there.
However: The parking space belongs to a person – and the owner or authorized person is entitled to take legal action against unauthorized parking.
🚘 What counts as parking or leaving a vehicle?
The leaving of a vehicle on a private parking space already constitutes a violation, regardless of whether
the engine is still running,
the vehicle was only briefly left, or
whether you have left it.
👉 What matters is solely that the vehicle is unauthorized on the private property – even a “short wait” or “loading and unloading” can thus be considered unauthorized parking.
🚓 Can your vehicle be towed away?
Yes.
If you block a private parking space, the authorized person is entitled to have your vehicle towed away to free up the space again.
👉 The costs for towing are initially borne by the client – however, these can be reclaimed from you civilly.
This means: You can subsequently be charged additionally afterwards.
⚖️ What is a judicial prohibition – and why is this relevant?
Many private parking spaces are protected by a so-called judicial prohibition (also audience judicial prohibition).
This is a court order that expressly prohibits parking without authorization.
If you disregard this prohibition, the authorized person can:
💰 Demand compensation for trouble
📄 File a criminal complaint
⚠️ Or both
💰 Compensation for trouble – what is permissible?
According to the Federal Supreme Court, compensation for trouble can be claimed if a judicial prohibition is disregarded. This covers the actual effort of the parking space owner, for example:
📑 Time spent enforcing claims
✉️ Costs for paper, postage and communication
📊 Effort for accounting and monitoring payment receipts
Since the exact amounts cannot always be precisely determined, the effort may be realistically estimated.
The Federal Supreme Court has not set a fixed amount for this.
💼 Contractual penalty (conventional penalty) – what does this mean?
A contractual penalty or conventional penalty is a lump-sum payment that becomes due if you violate a posted parking prohibition with penalty threat.
This means: If you park in a parking space where, for example, it says
“Private parking – unauthorized parking prohibited, contractual penalty CHF 60”
… by leaving your vehicle, you tacitly accept this condition.
The owner is entitled to demand the agreed contractual penalty without having to prove the actual effort in detail.
💡 Important:
The amount of the penalty must be proportional.
The information about the contractual penalty must be clearly visible.
A contractual penalty can apply instead of or in addition to compensation for trouble – depending on the design of the parking regulation.
🚫 What concrete consequences arise for you?
If you park or leave your vehicle on a private parking space without authorization, the following measures can be taken:
| Measure | Meaning for you |
|---|---|
| Towing | Significant towing costs may be incurred by you. |
| Judicial prohibition | You commit a civil or criminally relevant act. |
| Compensation for trouble | You are obliged to pay compensation for the incurred effort. |
| Contractual penalty / conventional penalty | You are obliged to make a contractually agreed payment, for example CHF 60–100. |
| Criminal complaint | A criminal proceeding can be initiated. |
💡 How to avoid trouble
Observe the signage – private parking spaces are usually clearly marked.
Only park where you are explicitly authorized.
Even brief waiting with the engine running or briefly leaving the vehicle already constitutes a violation.
In case of doubt, it is advisable to ask briefly or choose a public parking space.
📝 Summary:
Unauthorized parking on private property can also have legal and financial consequences – from towing measures to compensation for trouble to contractual penalties.
Even brief stopping counts as a violation.
With appropriate attention, conflicts can be easily avoided – both for you and for the owners.