Dealing with unauthorized parking on your private property is frustrating. What can you do when a vehicle blocks your private parking space without permission? This article clarifies your rights and options and provides practical tips for handling illegal parking.
What Constitutes “Illegal Parking on Private Property”?
Illegal parking on private property refers to someone parking their vehicle on private land without the property owner’s consent. This could be a parking space, driveway, private road, or any area not intended for public use. The annoyance is understandable, especially when you need the space yourself. But how do you react correctly and legally?
The Legal Situation: What Is Permitted and What Is Not?
Parking a vehicle on private property without the owner’s permission constitutes property interference (§ 858 BGB – German Civil Code). You have the right to demand that the illegal parker remove their vehicle. Unlike public roads where the police are responsible, on private property, the owner is responsible for enforcing their rights.
Towing away a vehicle illegally parked on private property
Courses of Action for Illegal Parking
First, try to locate the vehicle owner. Ring doorbells in the neighborhood or leave a polite note on the vehicle. Often, it’s a mistake, and the illegal parker will promptly remove their car. If this is unsuccessful, you can have the vehicle towed. Important: Document the illegal parking with photos! Note the license plate number, vehicle type, and time of parking. This documentation is crucial in case of legal disputes.
Towing – The Last Resort?
Towing an illegally parked vehicle is the last resort. It should only be considered if all other attempts to reach the owner have failed. Hire a towing company and ensure the towing is carried out lawfully. The costs for towing are generally borne by the illegal parker.
Preventive Measures
To prevent illegal parking from the outset, you can clearly mark your private property. Signs stating “Private Parking” or “No Parking” clearly indicate property rights. Additionally, you can install bollards, barriers, or chains to physically prevent parking.
Sign indicating "Private Parking"
What Does Expert Dr. Karl Heinz Müller Say?
“The legal situation is clear: Parking on private property without permission is property interference. Owners have the right to take action against it,” says Dr. Karl Heinz Müller, author of “Law in Road Traffic.”
Frequently Asked Questions About Illegal Parking on Private Property:
- Can I tow the vehicle myself?
- Who bears the costs for towing?
- What to do if the illegal parker claims damage to the vehicle caused by towing?
- How can I legally and securely mark my private property?
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Illegal Parking? We Can Help!
Are you having problems with illegal parking on your private property? Contact us! Our experts in vehicle law will be happy to advise you and help you find the right approach. We are available 24/7.
Consultation regarding illegal parking on private property
Illegal Parking on Private Property – A Conclusion
Illegal parking on your own property is a nuisance, but with the right measures, you can effectively protect yourself. Clear marking and timely action are crucial. Do not hesitate to seek professional help if you are unsure. Autorepairaid.com offers comprehensive information and support on all aspects of vehicle law.