You come home to find your private parking space in front of your house blocked by a stranger. Or perhaps you marked your parking space to prevent unauthorized use, and someone ignored your markings and parked. These are just two of many scenarios that can play out in private parking lots.
The good news is that in Germany it is illegal to park in a private lot without a permit. The bad news is that sometimes the deterrent of parking tickets and towing is not enough to force troublemakers to get out of your parking space.
But there’s another option for private property owners: sue the troublemaker for damages. A new initiative by the German justice minister proposes to extend the deadline for filing such complaints from three to six months.
This means that private parking lot owners will have more time to seek redress against unwanted parking lot users, which will hopefully help reduce illegal use of private parking lots.
Where is the problem?
A big point of contention in many private parking lots is how to deal with troublemakers. Often this involves vehicles either blocking the parking lot or parking in it without permission. Previously, owners of private parking lots had limited options for taking action against these troublemakers. Police often could not intervene and civil lawsuits were difficult to enforce.
But for some years now, there has been the possibility of taking quicker and easier action against these troublemakers. A change in the law will allow owners of private parking lots to file a lawsuit against the vehicle owner within two years of a parking violation.
The lawsuit may not only include compensation for the cost of the lost parking space, but may also seek damages and a cease-and-desist letter from the disruptive party. But despite this easier way to enforce claims, there is also criticism of this regulation. For example, some fear it could lead to unlawful claims being made or disproportionate bureaucracy.
What are the implications of the new rule for private parking lot violators?
The recent change in the law gives individuals and businesses more time to take action against troublemakers in their private parking lots. The time limit for making a claim has been extended to three years from the previous two years. This means private parking lot owners will have longer to pursue violations of their parking lot rules and seek damages or injunctive relief.
The change in the law also makes it easier for parking lot owners to take action against trespassers. They will no longer have to prove that they actually confronted the disturber in person before they can file a claim. Instead, it is sufficient if they can document the violation, for example, by taking photographs or video, and have notified the interferer of the parking rules by posting a sign.
The main purpose of the new rule is to reduce the burden on owners of private parking lots. They should be able to take action against troublemakers more easily and thus ensure more efficient control of their parking spaces. It will allow parking violations to be prosecuted more quickly and effectively, providing greater safety and order.
Legal dispute over private parking spaces
Under a new bill, private citizens will have more time to take action against so-called "disturbers" in their parking lots. If someone is trespassing in a private parking space, owners can now have up to six months to file a claim.
The consequences of this change could be severe. For one thing, many people may feel encouraged to use a private parking space because they can assume that the owners will not file a lawsuit directly. On the other hand, the costs for the owners could increase, as they now have to forego revenue for longer or bear expensive court costs.
However, it is also argued that the new law gives owners more time to gather evidence and thus increases their chances of success in a lawsuit. They could also better prepare for litigation and seek professional help if necessary.
- Positive: more time to gather evidence and prepare for a lawsuit
- Negative: Increased risk of unauthorized parking and rising costs for owners