Getting a quick ticket in the supermarket parking lot can happen to anyone. Contractual penalties cause dissatisfaction among drivers, particularly in privately managed parking spaces. The Lower Saxony Consumer Center explains the conditions under which a parking contract is concluded and how claims should be dealt with.
More and more supermarkets are relying on private service providers to monitor their parking spaces and prevent them from being occupied by non-customers. This means that in the event of parking violations - for example forgetting a parking disc or not buying a parking ticket - a payment request quickly ends up in the mailbox. These demands often exceed the usual fines on public roads, which raises the question: Is this actually legal?
Contractual background of parking at the supermarket
In fact, by simply parking the vehicle in such a parking lot, a contract is concluded between the driver and the operator, based on the terms of use applicable there. These conditions often also include possible contractual penalties in the event of a violation. “It is essential that these conditions are clearly communicated through signs,” emphasizes Tim-Oliver Tettinger, legal expert at the consumer advice center. Only if this requirement is met will the operators' demands be valid. However, if the information is hidden, unclearly worded or difficult to see, those affected have a good chance of successfully lodging an objection.
Dealing with payment requests
A request for payment should never be ignored. Instead, it is advisable to examine the claim carefully and, if it appears legitimate, to pay it on time to avoid additional costs. However, if there are reasonable doubts about the legality of the claim, it is advisable to file an objection in writing. Photos can serve as evidence that the terms of use have not been adequately communicated.
Further information on “traffic tickets” in privately managed parking spaces can be found at: www.verbraucherzentrale-niedersachsen.de/strafschein-supermarktparkplatz
Conclusion
The Lower Saxony Consumer Center makes it clear that contractual penalties in supermarket parking lots are an annoying matter, but can be legal under certain conditions. It is important that the terms of use are clearly communicated and the penalties are proportionate to the violation. Those affected should not ignore claims, but rather actively examine them and, if necessary, lodge an objection. It often makes sense to try to find an accommodating solution. Ultimately, it is also in the interest of supermarkets not to annoy their customers.
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Source:
Lower Saxony Consumer Center
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