Decision pending

Government now puts a stop to parking lot rip-offs

The criminal methods are not only a thorn in the side of the Ministry of Justice.(Bild: zVg, Krone KREATIV)

After increasing numbers of cases of "parking space rip-offs", the German government wants to protect drivers better: Court fees are now to be capped and legal action up to the Supreme Court will be possible. But will this be enough to stop the unscrupulous methods of the operators once and for all?

The Ministry of Justice is going one step further and, in addition to capping legal fees, also wants to limit court fees in future. In addition, it should be possible to go all the way to the Supreme Court (OGH) in disputes over vehicle ownership - something that was previously not possible.

When short stops become expensive
In recent years, an increasing number of private land and parking lot owners have made a "business model" out of intimidating drivers and demanding money by threatening to take legal action for trespassing, even though there is often no legal basis for this.

The actual procedure is that a driver stops briefly in a poorly marked private space or turns around there. The owners then immediately demand several hundred euros in "compensation", usually via a debt collection agency or a law firm. Failure to pay is threatened with an action for trespassing - an expensive and time-consuming legal process for those affected.

In many cases, however, there is no actual disturbance of possession in legal terms, so the threat only serves to persuade people to pay quickly.

The German government therefore announced back in September that it would introduce a special assessment basis to reduce the lawyer's fee to a maximum of around 100 euros. This should make it easier for affected motorists to choose the route via the courts. The planned reduction in court fees is also aimed in the same direction.

"Final political vote underway"
The Ministry of Justice explained to the "Krone" that a concrete proposal has been submitted and is in the final political vote. "The aim is to pass a resolution in the National Council this year." It is hoped that the government bill will be passed by the Council of Ministers next week. 

For the ministry, the "appropriate differentiation" was important, namely that justified interference with property would remain enforceable according to the previous cost rules.