📌 Situation
Private parking spaces are subject to the terms of use set by the owner.
Anyone using such a space accepts these conditions.
If the conditions are not met, a disturbance compensation or a contractually stipulated penalty (liquidated damages) may be charged.
⚖️ Legal basis
The basis for such a claim can arise from:
a contractual agreement (e.g. contractual penalty)
a court injunction
an agreed disturbance compensation
The applicable regulation at the location is decisive.
💼 What does disturbance compensation mean?
Disturbance compensation serves to cover the administrative effort and costs incurred due to the disregard of parking conditions.
This includes, for example:
Monitoring and documentation
Identification of the vehicle owner
administrative processing
debt collection management
This is not a state fine, but a civil law claim.
📑 What does contractual penalty mean?
A contractual penalty is a pre-agreed payment owed if the conditions are not complied with.
It serves to ensure compliance with the terms of use.
The amount depends on the regulation applicable at the location.
🔎 Proportionality
The claim is based on the respective applicable legal basis.
What matters is not the individual assessment of the situation, but compliance with the conditions established at the location.
📌 Summary
A disturbance compensation or contractual penalty is charged when the applicable terms of use of a private parking space have not been observed.
It is not a state penalty but a civil law claim based on the respective local regulation.