Controversial system

Parking fine lawyer now himself in the crosshairs of the justice system

Several "parking trap victims" from the Sofienalpe car park are fighting back. They have filed complaints.(Bild: Krone KREATIV/Martin Jöchl)

A German lawyer caused considerable resentment with his annoying €400 warnings for trespassing. Now he and other accused individuals from the scene are facing charges and a criminal investigation.

The "Krone" newspaper has reported on a large number of cases involving outrageous claims for trespassing, which have become a veritable industry in recent years. Warning letters from law firms specializing in "parking rip-offs" demanded that parking offenders pay around €400 – only then would a trespassing lawsuit be dropped.

Several "parking trap victims" from the Sofienalpe car park are fighting back. They have filed complaints.(Bild: Krone KREATIV/Martin Jöchl)

Fear of costly legal proceedings
Many people paid up for fear of costly legal proceedings. Ultimately, the controversial system brought politicians onto the scene, and new rules will finally come into force on January 1, 2026.

In the long term, we want to support victims in reclaiming unlawfully paid amounts from those responsible.

Anwalt Felix Eggenburg

Bild: zVg

Now the pendulum could swing back: as the "Krone" has learned, the warning letter senders themselves are now facing legal repercussions. Following complaints from two Viennese law firms, the Vienna public prosecutor's office is now investigating, among others, Besitzwacht managing director Stefan S. and German lawyer Oliver Luesgens – the presumption of innocence applies.

New regulation since January 1

On January 1, 2026, a new package of laws came into force in Austria that is intended to prevent so-called parking space rip-offs through abusive trespass lawsuits. The introduction of a special assessment basis reduces the lawyer's fee to around 100 euros. In addition, court fees in cases where the lawsuit ends in the first hearing have been halved to €70, or €35 in cases where the lawsuit is withdrawn before it is served on the defendant. Furthermore, it is now possible to appeal to the Supreme Court in cases of trespass disputes.

The allegations are serious, as they involve alleged evidence fraud, which may have been committed on a commercial basis, and (attempted) extortion – both of which are strongly denied by the accused. When asked about the public prosecutor's investigation against him, Luesgens says: "It is a well-known attempt by another lawyer to stir up sentiment against me." He sees the proceedings as an old vendetta and assumes that the investigation against him will of course be dropped.

Were the deadlines met for vehicle owner inquiries?
The complaints in question concern the parking lot in front of the then-closed Sophienalpe restaurant in Vienna-Penzing, where a parking fee would have been payable. Those who ignored the sign there were asked by attorney Luesgens to pay 395 euros. One of the day-trippers, represented by attorney Dominik Prankl, received a trespass lawsuit in the mail.

At the hearing in the Fünfhaus District Court, the timeliness of the lawsuit was questioned. This is because the owner inquiry must be made within one week of becoming aware of the disturbance, after which there is a 30-day period until the lawsuit is filed. In this specific case, the disturbance is said to have taken place on May 11, 2024, and the plaintiffs claimed that the owner inquiry was made on May 18. Because this did not violate any deadlines, a settlement was reached. However, a follow-up inquiry with the police after the hearing revealed that the owner inquiry was not made until May 22, i.e., after the deadline. According to the reporter, this is not an isolated case.

The second complaint concerns the allegation of (attempted) extortion. A vehicle owner who was demonstrably not at the Sophienalpe at the time of the alleged disturbance was threatened with criminal charges if he did not pay the 400 euros. Lawyer Felix Eggenburg is determined: "In the long term, we want to support victims in reclaiming unlawfully paid amounts from those responsible."