On a supermarket Parking lot, a sign, supermarket customers are allowed to Park for an hour (the sign shows, according to a Parking meter). After shopping I had to throw in the adjacent house yet something in the letter box. As I was leaving the Parking lot, pointed me to the Parking attendant very strongly to the fact that he would then immediately call the police and a tow truck to my cost. I’ve noticed when shopping that it happened to other customers, often in a similar way. It is in order that the security guard react? Or the sign would need to be changed? It should also give a certain amount of tolerance – after all, some of buy and do other things in the vicinity, want TIME know-ONLINE-reader Mirjam Kauer from Detmold.
Parking lots in the city are usually a scarce commodity. After shopping in the supermarket just to quickly have something close to do, without umzuparken, saves time and Trouble, because there’s a new Parking space for the car is not often easy. This is also the retailers, who entice customers with free Parking, of course, know. However, after the purchase to make space for the next consumer.
“Because customers will be blocked by Parking a super-market, often by employees or non-customers, lease now, many super markets in their Parking lots to private companies, which control the compliance with the Park rules,” says Daniela Mielchen, a specialist lawyer for traffic law in Hamburg. By a driver who parks on a private car Park to his car, a contract is concluded between him and the operator of the car Park, explained the lawyer.
Daniela Mielchen
Dr. Daniela Mielchen law firm-Mielchen & Collegen in Hamburg in the transport sector since 1991, in the Traffic law and since the introduction of the specialist lawyer in this area of law is also a specialist lawyer. The firm worked with 45 employees in Germany many of the 1,000 cases a year from traffic accidents, misdemeanors and criminal traffic law.
The motorist is declared automatically with the terms of use. This should, however, be clearly visible, such as at the entrance to the car Park. “The customer must immediately upon arrival at the car Park recognize that special terms and conditions apply and that there may be a violation of these terms and conditions of a contractual penalty,” says Mielchen. “If a user now against the rules, requires the operator of a penalty for a Parking infringement.” If the conditions of car Park use were identified, can not ignore incorrectly Parker, the request for payment.
declared as the TIME-ONLINE-reader Mirjam Kauergeschilderten Situation, the specialist lawyer: “Certainly, you can. the note on the sign that Parking a Supermarket is a permitted client and, in addition, a Parking disc is shown with a Parking time of one hour, to be understood that the customer may as a Supermarket in principle one hour Parking, and also within the hour errands in the area can make” However, Mielchen also have to bear in mind that the supermarket or car Park operator’s interest to provide free Parking only for its customers while shopping at the ready. “This is for any reasonable observer to the Hand,” says Mielchen.
The district court of Kaiserslautern in a decision dated 27. October 2015 (Az. 1 S 53/15). It was generally a question of whether a penalty is possible, if you forget to put the Parking disc in the car. “The imposition of a penalty is, in principle, rightly so, if one leaves his vehicle after Leaving the super market is still in the Parking lot, to make other errands,” says the traffic expert.
If a wagon by several persons and there is a Parking violation, you must pay the driver the penalty and not the holder, as is the case with police recorded Parking violations. “The owner of the Car is outside, he has nothing to do with it. It depends only on the Person that has the car actually in the Parking lot of dangers,” says Mielchen. The district court of Rostock in a judgment of 11. April 2008 (Az. 1 S 54/07) found that in this case there is no liability. However, the danger that the vehicle will be towed if a Parking violation. In this case, it may happen that the holder must bear part of the costs.
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