In the beginning it has caused a proliferation, meanwhile, most motorists know: many supermarkets and shopping centers limit on the parked the parking time for the car. The chicane is not that, but quite in the interest of customers: the measure should prevent permanent parkers or commuters prevent the areas intended for the purchasing areas.
The operator determines the rules
Is the practice but also right? Yes, says Wolfgang Müller, legal expert with the ideal insurance. If the supermarket operator is also the owner of the parking lot, he should — always in the context of the applicable laws — should set the rules: So he can park the customers for free, but for example, to set maximum parking period or require the use of a parking disc.
Contract penalty instead of warning money
The control of the parking system takes over either the operator itself or, which is often the case, it stores you to an external company. The traffic tickets, which are exhibited in the event of an infringement, therefore demand no warning money on how to concede it in public space. Legally, it is a contractual penalty. She is also appreciated by the law. Whoever uses such a parking space, goes with the landowner a contract and accepts the terms of the terms and conditions, says Müller. If the parked contrary with these terms and conditions, he violates the contract and must accept the ticket.
For annoyance often ensures that the imposed contract penalty fails significantly higher than one knows that of public types — 20 to 30 euros are quite common. Dishes see this as appropriate, says the legal expert. However, there are limits. In this case, one can hold in about the rule of thumb, with an inappropriate disadvantage, when the contractual penalty is more than twice as high as the warning money, which would be imposed in public space. Responsible is paragraph 307 (2) no. 1 of the Civil Code (BGB).
Hope for goodwill
In the case mentioned, it can be worthwhile to raise a turn. Especially when a big shopping has been made — to prove the receipt — supermarket operators often show themselves CAL ANT.
And otherwise not every cam must be accepted. So it has to be ensured that well-readable signs draw attention to the terms and conditions, for example, by communicating a limited parking duration, the obligation to use a parking disc and the potential penalties. If the sign was not clearly visible, dirty or was the font too small, it is advisable to make a picture to prove the circumstances, advises the right expert. The objection should be made in writing, in a statement, which is why the claim is unjustified and addressed to the operator or the monitoring company.