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  #21  
Old 19.04.2021, 14:37
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Re: Car Parking Fine_Zurich

I understand parking like that is illegal, and it should be ... but isn't blackmail illegal as well?
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  #22  
Old 19.04.2021, 14:44
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Re: Car Parking Fine_Zurich

As someone to whom this happened, I can confirm.not much can be done (for us it was for 2 weeks as an idiot parked there mistakenly thinking it was his spot and left the car unplated as was being sold).

Indeed one cannot do much and had we called to remove the car, especially an unplated one, then it would have been our cost and we would have had to get money back from him

In the end, you caused someone a nuisance, perhaps you would have apologized with a nice bottle of wine, person prefers 40 CHF. True he cannot legally claim them but please do something to at least try to amend your wrong doing and the hassle you caused someone else. Just walking away would be selfish.
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  #23  
Old 19.04.2021, 16:15
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Re: Car Parking Fine_Zurich

Irrespective of who is right / wrong is your numberplate ex-directory? If so then he can’t follow up with you as he has no access to your personal details (or am I missing something?!). If not maybe something to think about. There is a thread somewhere on here how to take these steps.
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  #24  
Old 19.04.2021, 16:22
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Re: Car Parking Fine_Zurich

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As someone to whom this happened, I can confirm.not much can be done (for us it was for 2 weeks as an idiot parked there mistakenly thinking it was his spot and left the car unplated as was being sold).

Indeed one cannot do much and had we called to remove the car, especially an unplated one, then it would have been our cost and we would have had to get money back from him

In the end, you caused someone a nuisance, perhaps you would have apologized with a nice bottle of wine, person prefers 40 CHF. True he cannot legally claim them but please do something to at least try to amend your wrong doing and the hassle you caused someone else. Just walking away would be selfish.
the nice thing about little cars in such a case: You get some mates, lift it up and put it in public space. The police does the rest. They are very strict about unplated cars on public property

The boys used to turn a teachers tiny Fiat around in the parking lot in the one-way-street outside school. Honestly, it was the boys who did that
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Old 19.04.2021, 16:22
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Re: Car Parking Fine_Zurich

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Irrespective of who is right / wrong is your numberplate ex-directory? If so then he can’t follow up with you as he has no access to your personal details (or am I missing something?!).
He can make a request to the police for the information.

Tom
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  #26  
Old 19.04.2021, 16:32
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Re: Car Parking Fine_Zurich

I got a ticket from the police for parking in a private space. There was a note on the car from the owner that he would be reporting me. When I called to find out about it, the lady informed me that property owners can report illegally parked cars on their property.
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Old 19.04.2021, 16:55
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Re: Car Parking Fine_Zurich

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I understand parking like that is illegal, and it should be ... but isn't blackmail illegal as well?
It isn't blackmail - the person whose space it was is within their rights to charge a fee for the illegal parking, and within their rights to report it to the police.
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  #28  
Old 19.04.2021, 20:08
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Re: Car Parking Fine_Zurich

One thing I would suggest to consider, is next time in an emergency, leave a note in your car/windscreen, saying it is an emergency, estimated time/duration, and a mobile number to call. I have a little pad of paper in the car, for such occasions.

Thereafter, it depends upon any discussion to what might happen - but at least you've tried.

Doesn't always work, but sometimes open up ideas/solutions. Happened with me (both negatively, and positively) when visiting my aging Mother (UK)... and now I have a regular slot (when very important).
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  #29  
Old 19.04.2021, 21:07
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Re: Car Parking Fine_Zurich

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"Apart from the use of his right to eviction according to ZGB 641 Abs. 2 and ZGB 926 Abs. 2, the landowner should avoid any “vigilante justice”.

The landowner is not entitled to distribute so-called "private fines"."

https://www.auto-recht.ch/autoparkin...uf-privatgrund
Exactly. Don't pay anything. Random citizens can't hand out fines.

And obviously, please do not park other peoples parking spaces.
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  #30  
Old 20.04.2021, 12:00
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Re: Car Parking Fine_Zurich

Private owners cannot issue fines. The police will not normally get involved as there's no traffic fine associated with what you did. The owner could pursue you in a civil process. Could go after you for trespassing, for example. There are people who prepared to do such things, but it takes a lot of time and effort.
Up to you to decide what you want to do, but putting a payment slip on your windscreen has no legal basis.
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  #31  
Old 20.04.2021, 12:13
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Re: Car Parking Fine_Zurich

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Hello All,

Before I mention my experience, i want to be honest in saying. It was totally my mistake.

So I was visiting a friend and I parked in someone else's personal parking spot. I must have parked for an hour. There was an emergency with my friend and I had to go and see to him. I could neither find a parking spot (blue zone) nor besucher. I parked in 1 of the 4 free but private parking spot.

I came back after an hour or so and found a orange slip. This was made by the guy who owns the spot and asked me to pay 40 CHF to his personal bank account. He also mentions if not paid, he will inform authorities, i assume this is betreibungsamt.

Now once again, I was totally wrong in doing so. It is none of his concern to adjust to my emergency, neither does he know me nor does he know there was an emergency and even if he knew it is not his concern, totally get that.

however, is this normal procedure to decide on what the fine is by an individual and ask me to pay him in his personal bank account rather than report to authorities (whoever that is i.e. police) ?
TLDR: Just pay the fine (which is not a fine, but a "charge for inconvience caused") and move on with your life. Respect other people's property.

There is sufficient case law to support the owner of a parking spot charging you "Umtriebskosten" of CHF 40 for using their spot without their consent. If there was an official sign that prohibits parking in those spots, the owner could also take the route of making a formal complaint with the police. The fine is then usually around 150 to 200 but the owner doesn't get any of that. By taking the approach of the "inconvenience charge", the owner of the piece of property that you chose to use is letting you off lightly.
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  #32  
Old 20.04.2021, 13:14
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Re: Car Parking Fine_Zurich

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Yes. They can only fine you if they have the Richterlicher Beschluss. The sign will also include the (max) amount of the fine.
The individual spot, or the entire parking lot (with the sign typically at the entrance) or an easily identifiable section thereof. Even then, the fine will be issued by the authorities.

The 40.- are for the owners efforts and OP's using the spot without authorisation, the demand is probably lawful and enforceable even without such a sign. Honestly, OP should be thankful that's all the owner did and pay up.

PS:
The emergency, assuming there actually was one, seems irrelevant. OP was on a visit, where was the car during that time? I don't buy that part. If I was the owner of that spot I'd be triple pissed for being lied to.
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