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Attention, drivers! 235 Viennese fight against impending lawsuits!
In Vienna-Simmering, 235 drivers are threatened with trespassing charges for parking illegally on private property. Find out more now!
Attention, drivers! 235 Viennese fight against impending lawsuits!
In Vienna, especially in Simmering, a new parking scam is causing a stir among car owners. According to a survey by the online portal MeinBezirk, over 230 people reported that they had been threatened with legal action for trespassing. Of the 609 respondents, 38.59 percent said they were affected by these threats. 90 of those affected refused to pay while 145 paid. In total, the sum paid came to almost 60,000 euros, which shows that there is a flourishing business here.
The concept of a property interference lawsuit is based on the fact that even a short stop or turn on private property can be costly. The company “D22 Construction”, which has rented a property at Pragerstraße 94-98 in Vienna, uses this legal situation to its advantage and monitors the area using cameras. Anyone who stops in front of the property can expect a high bill, which in extreme cases can reach four figures - something like the 1,067.47 euros that holidaymakers in Carinthia had to pay for a short stop Merkur reports that ….
A legal gray area
Experts emphasize that stopping in front of an entrance is permitted as long as the driver remains in the vehicle. However, property owners can file a property disturbance claim if they feel disturbed. The law (§ 339 ABGB, § 454 ZPO) prohibits unauthorized disturbances of property, and the procedures are designed to be quick. The lawsuit must be filed within 30 days of becoming aware of the disruption. In the event of non-payment, there is a risk of legal consequences, which must be avoided [anwalt-kobler informs that…](https://www.anwalt-kobler.at/immobilienstoerung-falschparken-kann-teuer- Werden/).
There are also those who recommend not paying any amounts if the private property has not actually been driven on. Verbal and written warnings are not mandatory, but are often useful for reaching an out-of-court settlement. According to experts, experience in other regions clearly suggests that uninvited people should collect evidence (such as pictures or witnesses) when stopping in front of a property in order to protect themselves legally.
The path to clarification
If you are unsure about the legal situation, it is advisable to consult a specialized lawyer in order to act in a timely manner and meet deadlines. The last thing any serious car owner wants is to get caught up in a costly lawsuit. Ultimately, according to estimates, the entire scam could have raised up to 90,000 euros if everyone affected had actually paid.
A look at the survey also shows that 57.64 percent of participants are well informed about the topic, even if they are not directly affected. Only 3.45 percent were unaware of the problem with the threat of property interference lawsuits. These figures make it clear that there is a serious problem here that not only affects those directly affected, but also many who rely on the parking situation in the city.
Vienna is known for its beautiful corners, but this heated parking debate shows how quickly a harmless stop can become a real financial burden. It remains to be seen how the city and those responsible will react to this news, because the City of Palaces should also remain a place of carefree parking!