What does ADAC mean in court
Car towed: what about the cost?
Parked, towed and checked out? Depending on where you have parked, the police or a towing service commissioned by the parking lot owner will act. We'll tell you what to look out for when it comes to costs, among other things.
Empty travel costs are also incurred if you are on site in front of the tow truck
Private reason: You often only find out where the car is after payment has been made
Tip: Always check your bill after being towed from private property
When it comes to the question of what is allowed and what costs you will have to pay, it is important to differentiate between being towed by the police from public land and being towed, for example, from a supermarket parking lot or private land by the owner or a parking space manager:
Police towing - what applies?
The towing of wrongly parked vehicles by the police is based on the general rule Police law of the individual federal states. It is therefore possible that the towing practices in the individual federal states do not correspond in all respects.
However, police towing measures must be carried out as follows Always observe principles:
Principle of need, i.e. a measure is necessary if the police purpose cannot be achieved without the measure.
Principle of Proportionality, i.e. a measure is proportionate if it is not disproportionate to the intended success.
When is it enough to simply move the vehicle?
Vehicles parked in violation of the prohibition may only be pulled as far away as is absolutely necessary. A bare one Offset of the vehicle is considered if there are suitable free parking spaces in the vicinity that comply with road traffic regulations.
When a vehicle is about to be towed open must be and therefore cannot be left unattended, mere relocation is not permitted. Such vehicles are brought to official custody or to the depots of the towing company.
Who has to pay the towing costs?
Unless the driver cannot be determined, the holder pay for the towing costs. These costs are independent of the fine procedure with which the violation of the traffic regulations is punished.
When are costs for an empty trip calculated?
Even if the wrongdoer returns to his vehicle before the tow truck arrives, he will be charged the cost of the empty trip if the tow truck has been specifically requested for his vehicle. However, no towing vehicle may be commissioned if a towing vehicle is already available on site.
What are the additional costs?
The so-called special expenses that are incurred in connection with towing and lead to additional costs vary in amount. The reason for this is that every municipality has a different Management fees has and the tow company ever different prices depending on the day of the week and the time of day offsetting. Are in official custodians Stand fees also higher than on the towing company's premises.
The parking violation proceedings have been closed - do the towing costs still have to be paid?
Even if the administrative offense procedure is discontinued because of the parking violation, this has no influence on the legality of the towing costs. This is the only decisive factor for the obligation to pay the towing costs objective hazard situation at the time of towing. Irrelevant is there whether the driver or the owner of the towed vehicle is responsible for it fault meets.
Towing from private property - what should you watch out for?
If you use your vehicle e.g. on a Supermarket or restaurant parking lot Park your car without being a customer yourself, there is basically nothing wrong with being towed.
In these cases, the property owner has an interest in keeping his parking space free for his customers or guests. If you park your vehicle there anyway, you cannot trust that this will be tolerated. Your vehicle can be on your costs be towed.
But also the private owner or authorized person (e.g. tenant) can have it towed from private property if his property is disturbed by a wrongdoer.
Are towing costs limited?
The Munich District Court (Az .: 472 C 8222/18) has ruled that a vehicle that is wrongly on a Sufficient signposted private parking has been parked, may be towed. The Compensationthat the wrongful parker has to pay for towing is due to the Economic efficiency requirement limited.
The towing company sued and demanded that the owner of the vehicle pay a total of 635 euros for illegal parking and the need to tow the vehicle. The high costs would result from a towing time of 2.5 hours, the surcharge for use outside of opening hours, additional costs for using a wheel scooter, two days stand fees and necessary preparatory measures.
After the court could not determine a local price for towing measures in Munich, the necessary Towing costs estimated by the judges. you limited the compensation to an economically reasonable amount and considered a basic amount for towing of 230 euros net plus a surcharge of 15 percent for Sunday and night work plus 19 percent VAT as reimbursable. There are also stand fees of 30 euros for two days. The towing company was awarded a total of 344.75 euros (314.75 + 30 euros).
Unjustifiably towed away - now what?
There are companies that systematically search parking spaces for illegal parking. These are service companies that the parking lot owner hires to monitor the parking lot.
The towing costs are often considerable, especially if there are significant surcharges for towing at night or on Sundays and public holidays. Often, however, the wrongdoer should also have the Activity of the service company get paid. This is not permitted.
There are also cases when the landowner has the Parking surveillance company not commissioned at all Has. Then their activity must not paid as the company has no claim against the wrongdoer.
In these cases, it is worth checking that the cost is justified. You should therefore be careful, for example, if,
Your vehicle has been towed from a private car park and you can only get it back against a large payment.
Although your car was not towed, you will be asked to pay the costs of the towing preparation and the preservation of evidence.
You in addition to the towing costs z. B. should pay a lump sum for the involvement of a parking attendant, travel expenses or investigation and dunning costs.
Where is your vehicle
It is not uncommon for you to find the location of your vehicle after being towed from a private parking lot only after payment of the invoice should be called. This is permissible according to the case law of the BGH.
Here's how you can react
Ask for a detailed invoice, and if you cannot avert the payment, get a receipt stating that you are paying with reservations.
Point out that you will be calling on a lawyer to defend yourself against this practice. This can lead to your getting your vehicle.
It is also possible to deposit the requested amount at the responsible local court in order to avert the right of retention asserted on the vehicle. If the deposited amount is not released, the claim for the costs of towing must be clarified in court.
Points to be aware of
If you have a bill for towing one private If you receive a parking space, do not pay without checking the following:
Does the company even have an assignment to monitor the parking lot and remove unauthorized vehicles? Have proof of this shown to you.
Does the requirement go beyond the actual towing (costs for securing evidence or monitoring parking spaces, flat-rate travel expenses, etc.)?
Are there signs threatening towing in the event of unauthorized parking? Can it be seen that the vehicle is parked on private property?
If in doubt, call in a lawyer to review the claim. Even if you have already paid, you may be able to reclaim your money - albeit only partially - from the person entitled to the property (not the parking space monitor).
If you have difficulties with a parking ticket in the supermarket parking lot - the information from ADAC lawyers on contractual penalties will help.
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