Are parking restrictions still enforced on public holidays
Parking in the customer car park:
These are the rules
Are supermarkets allowed to distribute "Knöllchen"?
It is legal to collect a fine for long parking. Like other private parking lot operators, supermarkets can regulate the use of their customer parking spaces by setting up or posting clearly visible parking regulations.
Legally, these are general terms and conditions. Often this is done by signs that indicate that a parking disc is required and at the same time limit the permitted parking time. If the maximum parking time is exceeded, as evidenced by the signs, an increased parking fee is due. If you park your car on a customer parking lot marked in this way, you accept the parking lot regulations and automatically enter into a usage contract.
Who monitors customer parking spaces and what do the tickets cost?
The operator can of course monitor compliance with the parking lot regulations himself - or have it monitored by private companies. Sometimes the supermarket parking lots are also leased to surveillance companies, who then distribute "Knöllchen" in their own name. While the parking violation on public property is punished as an administrative offense with a (legally stipulated) warning or fine, the parking fee that the private "policemen" demand in the customer parking spaces is a so-called contractual penalty from a legal point of view. Whether the amount is appropriate depends on the individual case. The 15 euros, which are due at Aldi if you parked for too long or without a parking disc, should be just as good as the 20 or 30 euros that other supermarket chains charge.
Can you defend yourself against the traffic tickets?
Of course you can contradict every "ticket". But it is difficult to prove that, contrary to the allegations, one has parked properly. The incidents are often well documented; because the dealers who operate the customer parking lots do not want to scare off customers with unauthorized "parking tickets". And if you need legal assistance to defend yourself against the claim, it will definitely be much more expensive than the increased parking fee.
Is it allowed to be towed from customer parking lots for a fee?
The operator of a customer car park may also have an unauthorized vehicle towed away. The supermarkets usually indicate this “risk” on the relevant signs. Anyone who still parks without a parking disc, does not shop in the store or exceeds the permitted maximum parking time, must expect the towing service to come - and only return the vehicle after paying the towing costs.
According to the Federal Court of Justice (BGH), unauthorized parking means a so-called “prohibited individual power”, i.e. an impairment of the right of ownership. In order to eliminate this impairment, the owner of the customer parking space may exercise his statutory right to self-help (§ 859 BGB) and have the unauthorized vehicle towed away. According to the judges, towing is permitted even if there are other parking spaces available on the site (Ref .: V ZR 144/08).
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