ÖAMTC warns: rip off for parking offspring is high penalties!

ÖAMTC warns: rip off for parking offspring is high penalties!

The ÖAMTC (Austrian automotive, motorcycle and touring club) criticizes the exorbitant fines for parking offices in Austria and considers the increasing number of property lawsuits to be exaggerated. According to 5min.at, the organization has contacted Justice Minister Anna Sporrer in writing to contain this "rip-off". Martin Hoffer, the head of legal services at the ÖAMTC, sees a lucrative business model in the impending complaints and warns of the effects on vehicle owners.

In recent years, punishments for supposed parking violations have often risen into the hundreds of euros, even for minor or "invented" offenses. This situation has led to a pressure that often makes many car and motorcyclists pay hasty to avoid a lawsuit. The trend is particularly worrying because the courts often approve such complaints.

rising lawsuits in Vienna

The situation in Vienna is particularly dramatic. As reported by the ÖAMTC, the number of lawsuits at the Vienna district courts between 2013 and 2023 rose by 75%, from 1,657 to 2,869. A current judgment of the State Court of Civil Law in Vienna has agreed to the ÖAMTC in the last instance by stating that complaints can be averted by a timely declaration of willingness.

Martin Hoffer recommends that you get legally advised and not to add small to strive for the possibilities of a comparison. In many cases, the submission of a cease and desist declaration can also help to eliminate the basis for an action for possession. Nevertheless, the ÖAMTC sees the judgments that are not sufficient to stop the business models against the rights of vehicle owners.

case study of a affected person

A particularly revealing case is that of a Mr. W. who found a parking space on a unstilanted area. He received a letter from a law firm that threatened him with a lawsuit for the disorder if he did not submit a declaration of injunctive relief within a few days and paid 390 euros. Mr. W. suspected a rip-off and contacted the ÖAMTC-Rechtsberatung.

Although no signage prohibits parking, according to the case law, it is crucial whether the area is recognizable as private ownership. The letter from the law firm was seen as a comparison offer. Mr. W. learned that an action for possession can only be submitted within 30 days of knowledge of the disorder and that it must also sign a declaration of injunctive relief in the event of a comparison.

After advice and negotiations, Mr. W. finally had success and was able to reduce the required sum. This shows how important legal support is in such cases. Those affected should therefore be advised to experience their possibilities and rights and to defend themselves against illegal claims.