Private parking lots monitored by external companies
Parking lots at supermarkets, shopping centres, stadiums, fitness studios, etc. are increasingly often monitored in Germany and neighbouring countries, usually by external companies. This is generally allowed.
The checks are carried out by on-site staff who issue parking tickets. Or digitally, e.g. by cameras that film the vehicle's licence plate as it enters and exits and use software to check whether the parking time has been observed. The owner of the vehicle then receives a demand for payment by post.
The reasons for a parking offence can be: missing a parking disc, exceeding the permitted parking time, not buying a parking ticket or parking in the wrong space by mistake.
For customers, a certain amount of parking time (e.g. one hour) is usually free of charge. However, a parking disc must be placed behind the windscreen.
Or a ticket must be purchased from a ticket machine, increasingly by entering the vehicle registration number.
What are the fines and who sends them?
When you park your car in a private lot, you enter into a contract with the owner or security company. Signs must indicate the general conditions.
Anyone who does not abide by the parking rules is committing a parking offense and will be fined. You will be fined even if you park only a few minutes longer than the allowed time.
In particular, German motorists have told the European Consumer Centre (ECC) about demands for payment after parking in Denmark, Austria and Poland. These were sent by companies such as Europark A/S, APCOA Parking or ParkDepot.
The contractual penalties are based on the contract law of the respective country. Including processing fees, claims of around €100 are not uncommon.
According to the German automobile club ADAC, foreign drivers with parking violations in private parking lots in Germany can also receive payment demands from the following companies: ParkDepot, BetterPark, Park&Collect, fair parken, Loyal Parking, PRS Parkraumservice, PRM Parkraummanagement, Park&Control or Contipark. The average fine in Germany is between €15 and €60.
Parking signs are often hidden and only in the local language
A particular thorn in the side of German drivers are the signs in parking lots in other EU countries, which are often only in the local language.
In addition, some of the signs are designed in such a way that it is not at all clear that special regulations must be observed. In some cases, there are no clear symbols, and bold text and fines appear only in small print. The accusation: profiteering and ripping off tourists. But what's the truth?
In fact, in some cases, German drivers could hardly see or understand the terms of use (see photo example).
In addition, the tickets behind the windscreen are written in English, unlike the signs.
This is admittedly a problematic business practice. It appears that some companies deliberately accept that the conditions of use are not respected in order to be able to claim a high contractual penalty.
There are no EU-wide rules requiring foreign drivers to be given special information in private parking lots. Local regulations apply. Whether signage is compliant depends on national law.
In addition to many domestic consumers, consumers from abroad, especially in tourist regions, are also frequently confronted with payment demands. In many cases, collection and reminder fees follow.
In the cases that the ECC has dealt with so far, the companies have not agreed to stop demanding payment from foreign drivers.
Tips for visitors to privately managed parking facilities
- Free parking has become the exception throughout Europe. Always find out under what conditions you can park.
- Look around the parking lot. Are there signs explaining the parking rules?
- If you don't understand a sign, ask what it means.
- Take a picture of the sign. Translate the text using an app, such as Google Lens.
- Keep the parking ticket and the receipt from your purchase. This will help you prove that you paid properly and that you were in the store.
- If you are unwilling to pay a fine, contact the enforcement company and make your position clear.
When an objection is worthwhile
Anyone who has serious doubts about the legitimacy of the claim can file a dispute.
This could be the case, for example, if the owner was not driving the vehicle. In this case, you should provide the monitoring company with the details of the person who was driving the vehicle at the time in question.
Even if you think you paid a parking fine correctly (and can prove it), it may still be worth appealing. Technical errors are always possible.
You should not expect any concessions if you complain about the amount of the fine, the parking rules themselves or inadequate signage. Without a court order, operators will not voluntarily admit the illegality of their business model and withdraw the charge.
What happens if I don't pay?
If you cannot come to an agreement with the company, you will have to decide whether you still want to pay the debt in order to have peace of mind.
If you do not pay, it is possible that the monitoring company will send further reminders through various partner companies.
Only after a successful court case can the company enforce the debt with coercive measures. The ECC is not currently aware of any cases in which a foreign company has enforced a claim in court.
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.