Parking at Bonn supermarket Dispute about ticket issued in supermarket parking lot

Kessenich · A motorist complains about how private parking lot attendants are issuing tickets at a discount supermarket. This is what the German automobile club ADAC says about it and tips from consumer protection advocates to those affected.

Discount supermarket parking lot in Kessenich monitored with cameras.

Discount supermarket parking lot in Kessenich monitored with cameras.

Foto: Benjamin Westhoff

Andreas Mehdorn just wanted to pick up a few things at the store and then drive home. But the stop at a discount grocery store in Kessenich on Hausdorffstrasse ended up being quite expensive for him.

But it wasn’t because of the increased food prices. When he returned to his car, he found a parking ticket on his windshield from Safe Place GmbH, a service provider contracted by the parking lot owner to monitor it. The company not only charged him a "contractual penalty" of just under 25 euros, but also demanded additional costs, including permit holder query, and service and reminder fees, for a total of nearly 55 euros. "These are unfair methods," Mehdorn says, disputing the fines.

The reason for the dispute in this case is not a missing or incorrectly set parking disc. Rather, the motorist is accused of having parked his car "outside the designated area." In other words, in a zone that is not monitored by sensors. When Andreas Mehdorn discovered the notice about the fine under his windshield wiper, he immediately took pictures as evidence. "The accusation was clearly disproved," he said, still annoyed about the incident. "I was properly parked in an appropriate parking space and was not obstructing anyone.”

But he was unable to convince the parking lot company with his argumentation and the corresponding pictures. "They then sent me completely blurred photos that do not prove the accusation in any way," he said in disbelief. "Since you were not parked correctly in the parking bay, we cannot take back our claim," the Düsseldorf company informed him by mail. A short time later, they sent the Kessenich resident a demand for payment - but not only for the warning fine levied, but for costs incurred in handling the case. "In their next step, I will probably receive a court order to pay," speculates Mehdorn.

Time and again, there are issues with parking tickets being given in supermarket parking lots. "There is nothing to be said against management that acts within reason to provide enough parking spaces for the store's own customers. But when not only parking violators but also customers are systematically asked to pay for the smallest violations, our alarm bells start ringing," explains Elke Hübner from ADAC Nordrhein. Especially since the contractual penalties are usually higher than for corresponding violations in public traffic areas. "In some cases, high processing and reminder fees and collection costs are also charged. The total amount quickly exceeds 100 euros," says Hübner.

According to the ADAC lawyer, costs that go beyond the contractual penalty only have to be paid in the event of delinquency, i.e. if the person parking has received a payment slip and has not paid on time. "If these appear disproportionate, it is worthwhile to have them checked by a lawyer. Especially if legal expenses insurance is available," she stresses.

"A windshield wiper does not replace a mailbox," adds the NRW consumer center, responding to a GA query. After all, such a warning ticket can be blown away or taken away by strangers. If a parking ticket is put under the windshield wipers, that is not "effective access," according to the consumer protection advocates. "So if a first letter that comes to your home is a (payment) reminder, they are not allowed to charge collection or reminder fees. Only if after the first letter was not paid on time, can additional costs be charged to the motorist." Anyone who decides not to pay the fine should immediately send a written statement to avoid further costs, advises the automobile club.

Burden of proof lies with the company, according to ADAC

If the car owner and the company issuing the parking ticket disagree, then the plaintiff i.e. the company, has the burden of proof. If necessary, it may need to be clarified in court. In this case, further costs must be expected. "Of course, parking lot attendants are a witness for the company in the event of a dispute. But: The courts also take into account that the companies earn money with it," says the ADAC.

For Mehdorn, the matter is settled for the time being. He has now paid the amount demanded in full so as not to incur a negative Schufa entry. Nevertheless, he has filed an objection and is not giving up on the issue anytime soon. "Especially since it is not legal to pass on the costs for the permit holder query," he says. Whether he will do his shopping at the discount store in Kessenich in the future is questionable. GA was not able to obtain a statement from Safe Place GmbH, which monitors the parking lot.

(Orig. text: Gabriele Immenkeppel / Translation: Carol Kloeppel)

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