Problem: „I've been fined - but is that even allowed?“
Many drivers experience the following situation:
A quick trip to the supermarket - and a few days later they receive a Penalty order for incorrect parking.
This is also the case in a recent case at our law firm:
A client parked in an area of a supermarket car park marked as a disabled parking space. Shortly afterwards, he received a Administrative fine of EUR 120 for an alleged offence against the StVO .
For those affected, such a penalty order is official and binding. Out of uncertainty, it is often paid immediately.
The central problem:
Many of these penalties are legally Not permitted at all.
Solution: No administrative fines in private car parks
The legal situation is often misunderstood:
The following applies to private car parks - for example at supermarkets or shopping centres:
An administrative penalty under the Road Traffic Act requires an official order.
In concrete terms, this means
- A parking ban must duly announced be
- The scheme must be approved by the competent authority have been
- Private markings or signage are not sufficient for this purpose
In the specific case of our law firm:
- The marking of the disabled parking space was installed by the car park operator
- One official regulation did not exist
This meant that there was no legal basis for an administrative penalty in supermarket car parks.
The distinction is important:
The following may be permissible:
- Actions for adverse possession
- Contractual penalties by the operator
However, this is not permitted:
- An administrative penalty under the StVO without a corresponding regulation
Why you should contact us: Successful action against the penalty order
Our law firm has taken the following steps in this specific case:
- Appeal against the penalty order within the deadline
- Request for the complete administrative act
- Checking whether an official regulation actually exists
- Clear legal argumentation: No administrative offence without a regulation
In the end, the information provided by the municipality was decisive:
The car park markings were not installed by the authority, but privately
The result:
The administrative penal proceedings were set
Frequently asked questions
Do I have to pay a penalty order immediately?
No. An appeal can be lodged against a penalty order within the statutory period. A premature payment can be disadvantageous.
Do the road traffic regulations apply in supermarket car parks?
Not automatically. The decisive factor is whether an official regulation exists. In many cases, this is not the case.
Am I allowed to park in a disabled parking space?
No. Parking in a disabled parking space is generally not permitted.
The decisive factor, however, is the legal categorisation of the consequences.
What threatens instead?
- Action for adverse possession
- Contractual penalty by the operator
These are to be assessed under civil law and differ significantly from administrative penalties.
Is an objection worthwhile?
In many cases, yes. There is often a good chance of success, especially in the case of private car parks.
Act now: Free initial assessment
If you have a Administrative fine for parking in a private car park you should definitely have them checked.
In many cases, there is a good chance of successfully defending yourself against this.
I offer you a Free initial assessment of your case:
- Rapid legal assessment
- Assessment of the prospects of success
- Clear recommendation for further action
For individual advice and representation in connection with administrative fines in supermarket car parks, I will be happy to provide you with a free initial assessment!
Lawyer David Zellinger