Reimbursement of towing costs.
September 17, 2009 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
According to Section 13 (1), Section 49 of the Road Traffic Act, the city of... states that I exceeded the maximum parking time by more than 3 hours.
According to Sections 4 and 5 of the Public Order Act, the owner of a vehicle (car) is responsible and obligated to pay for costs. Section 6 (2) of the Public Order Act makes the owner jointly liable.
Is the city administration entitled to pass on the incurred towing costs of 152.00 EUR and fees of 25.00 EUR to me? There was no indication at the parking meter that towing is authorized after the specified parking time. Should I comply with this request? Which lawyer can help me with this matter?
Best regards,
E. Christ
Dear advice seeker,
Thank you very much for your inquiry!
Taking into account your information, I am happy to answer the questions you have asked summarily as follows:
Unfortunately, I do not see any realistic chances to contest the fee notice. In the end, you will unfortunately have to bear the costs. Basically, parking at a parking meter is only allowed if payment is made. If the maximum parking duration is exceeded, there is an obligation to vacate the parking space for other road users.
If the maximum parking time has expired, the vehicle is parked unlawfully. A notice at the parking meter that towing is permitted is not required, as the legality of the towing measure arises from the law, namely the Road Traffic Regulations as well as the Police Act of the respective federal state, if the characteristics of the offense are present.
However, the police/municipality must adhere to the principle of proportionality and may only tow after a certain period of time. In some federal states, exceeding the maximum parking duration by one hour, in others by 3 hours (as apparently in your case), and in yet others an even longer exceeding time is required by the courts before towing is allowed (see, for example, the judgment of the Administrative Court of Bremen, available at the following link: http://www.verkehrslexikon.de/Texte/Rspr2288.php)
Regarding the amount of the costs, the towing fees are within the normal range and are not objectionable.
I hope that my explanations have helped you, even though I regret not being able to give you a more positive message. You are welcome to contact me within the framework of the follow-up option on this portal or via my email address.
I would like to point out the following to you: The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Thursday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
