Family Outraged

A Trip to the Circus Led to a Trespass Lawsuit

A circus is currently performing in Eisenstadt again—though it is a different one than the one that was there in April.(Bild: Reinhard Judt)

A family outing to a circus performance in Eisenstadt has led to unpleasant consequences for those involved months later. Because they, like many others, had parked on a grassy field, they now face a trespass lawsuit.

The circus is in town! A family wanted to take advantage of this opportunity in late April to go on an outing together with their young granddaughter and her grandmother. Everyone was really looking forward to seeing the circus animals, acrobats, and clowns. The trip there in two cars went smoothly. They parked on the field where the big top, as well as the circus trucks and trailers, were also located. Many other visitors had already parked there beforehand. They were thoroughly entertained by the successful performance and then drove back home afterward.

Letter from a Lawyer
What the family didn’t realize at the time was the nasty surprise that was still in store for them. Now, a letter from a lawyer in Vienna arrived in the mail, informing them that in April they had parked “without permission for an extended period” on the client’s private field, thereby “arbitrarily and unlawfully disturbing my client’s peaceful possession of the property.” The vehicle’s registered owner was then given a choice: either face a lawsuit for trespass or agree to a cease-and-desist declaration by paying the costs incurred so far for gathering evidence, processing the case, etc.—a total of 337.92 euros.

“Utter Audacity”
The family in question was completely taken aback by this letter—especially since they do not believe they did anything wrong. “I think this is an absolute outrage. There were no signs indicating that parking wasn’t allowed there. Besides, there were already other cars parked there when we arrived,” says the father. They also weren’t told by the circus staff that parking wasn’t allowed there.

Are others affected as well?
The family is likely one of many affected. According to them, around 30 cars were parked there that day. The circus was in Eisenstadt for about two weeks.

Lawyer Involved
The family has since retained a lawyer to contest the payment. According to the lawyer, the conditions for a trespass do not apply. On the one hand, the owner’s inquiry was apparently submitted too late to the relevant authority; on the other hand, there was no “undisturbed possession” because the property in question was leased to the circus. “We certainly won’t pay,” they emphasize.