Parking lot rip-off in Simmering: Unlawful demands arouse anger!

Parking lot rip-off in Simmering: Unlawful demands arouse anger!

In Vienna, business with threats of property interference lawsuits is booming, and a current case is causing a stir. Doris F. came to the Boesner GmbH & Co KG parking lot with her father to buy picture frames. But instead of entering the store, her father felt uncomfortable and the two left the parking lot. However, in mid-June, Doris F. received a letter from the Luesgens law firm that threatened a lawsuit for trespassing if she did not pay 395 euros. “I see the accusation as unfounded,” explained Doris, because she was in the parking lot during business hours.

A sign warns that parking outside of business hours is only permitted for paying parkbuddy customers. Doris contacted the Boesner branch, where she has been a customer for years, to question the legality of this claim. However, the law firm pointed out that she was only considered a customer if she entered the store, which was not the case in her case. The threat of higher costs ultimately made Doris F. pay to protect herself from even larger sums.

Ownership disputes in Vienna

Doris’ case is not an isolated one; The Viennese company PV22 has also made drivers pay with infringement claims. Their business model was based on monitoring entrances and parking spaces using cameras. Drivers who only stop briefly to get out or turn around received threatening letters demanding between 400 and 1,200 euros.

Some plaintiffs went to court and won, which ultimately led to a representative action brought by the Association for Consumer Information (VKI) against PV22. The association was proven right and PV22 agreed in a settlement to stop the warning business practices. In the future, only around 30 euros will be allowed to be charged from the alleged property disturbers, which will put a damper on this practice.

Legal situation surrounding interference with property

But what exactly is possession disorder? According to experts, a disruption occurs when someone uses a parking space without permission. And in crowded cities like Vienna, these disputes are common. Often the problem should first be solved by speaking to the alleged illegal parker in a friendly manner, but sometimes legal action is necessary if these do not work.

A clearly marked private parking space can help deter unauthorized parkers. If you repeatedly park illegally, you can even report it to the police. But even if the law is on the side of the parking lot operators, they often have to bear the costs first before they can claim them back from those who park illegally.

In the case of Doris F., we can only hope that this form of parking lot rip-off does not become an everyday occurrence. The situation shows how important it is to know your rights as a customer and driver and, if in doubt, to seek legal advice in good time.

For more information and details on this topic, you can click on the links to MeinBezirk, Today and 123recht.