Ticket from a private parking lot: do you have to pay?

Parked too long in a supermarket or clinic parking lot, and now a 'contractual penalty' comes, often with hefty debt-collection surcharges? A private parking lot may set rules, but not every claim is justified or permissible in amount.

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Whoever parks in a private parking lot concludes a usage contract with the operator on the terms on the sign (e.g. maximum parking time). An appropriate contractual penalty can be permissible, but very high amounts and flat-rate surcharges often are not.

The operator must first know who was driving. As the keeper you do not automatically have to pay, but you are required to name the driver, otherwise keeper liability may apply under certain circumstances (BGH).

What you should do now

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1. Check the sign and the claim
Was there a clear notice sign? What penalty is demanded, what surcharges?
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2. Assess the amount
Moderate penalties are more likely permissible; excessive amounts and unjustified debt-collection costs you can dispute.
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3. React in writing
Dispute excessive claims in writing; pay at most the appropriate base amount under reservation.
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4. Do not be intimidated
Threats of ever-rising debt-collection costs do not change the justification; stay factual and demand an itemization.

How to spot the scam

A claim clearly above usual contractual penalties
High debt-collection or reminder surcharges without proof
No sign, or an unclearly placed notice sign

Frequently asked questions

Do I have to pay the contractual penalty from the private parking lot?

An appropriate contractual penalty can be permissible if there was a clear notice sign and you violated it. But you do not simply have to accept excessive amounts and flat-rate debt-collection surcharges; you can dispute those and demand an itemization.

I was only the keeper, not the driver: am I liable?

Not automatically. The operator must generally proceed against the driver. However, the BGH has ruled that a keeper who does not name the driver can under certain circumstances be held liable themselves. So respond to the claim and clarify who was driving.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.