I'm a 'regular' user on the site, but created a throwaway account since I messed up.

I parked on a privet parking spot, belonging to a restaurant that I wasn't visiting, yesterday. When I came back after 15-20 min the owner of the restaurant informed me that he'd taken pictures of my car+plates (which he also showed me) and that I would be getting a parking ticket from the company that look after his parking spaces. So far so good, but then he told me that the ticket would be 300chf, which sounded very high to me, but that for 120chf then and there, we could make the ticket 'go away'. I didn't have cash on me at the time so I was given 24h to come back. This seems a bit fishy to me. Obviously I'd rather pay 120 to him than 300 to some company, but 300chf seems very high for a parking ticket - even from a private company. Does anyone know where I can find information on rules regarding this? Should I be happy with the 120chf instead of 300?

There's no doubt I screwed up, I had no business parking where I did, but 300chf seems kind of much.

Any help/advise is greatly appreciated.

Thank you

As far as I know, you won't get a regular 40.- parking ticket but will be denounced to the Juge de Paix (no Idea what it is in German).

You'll have to pay the fine - around 40.- - plus the administrative bill, which should be 100.- max.

What this owner is doing is called extortion, even if you clearly were in the wrong.

I'd call him bluff and let him deal with his security team. At least all that will be done legally and openly.

P.S: yours is quite a common offense, and you don't risk losing your license or anything. You don't even have to go to the session when your case will be "judged", as it's all pretty standard and straight-forward. You'll get the bill at home.

Welcome back. What is the name of the restaurant?

The answer is: it depends!

A property owner can apply to the courts for a an official ban. They must then place the official sign there and on there it will state what the maximum fine is. These signs look like this:


On the example I posted there's a maximum fine of 100.-.

If someone has parked on a parking spot with such an official notice on it, the property owner can take pictures of the car and supply the information to the police. The police will then fine the owner. On top of the fine there are administrative costs so while the fine may be only 100.- once the administrative charges are added it can get pricey.

Without such an official ban however, the property owner has rather limited options and must start civil proceedings against the other party. In this procedure the property owner can technically sue for "damages". In other words, all costs which he has incurred due to his parking space being occupied.. This can include the towing costs, other parking costs incurred due to their space being occupied and similar.

If I were caught in a similar situation, I'd wait for the police fine rather than "pay" up front to the restaurant owner..

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*Above information is rudimentary and basic. Legal outcomes vary on individual circumstances. No liability for the content assumed.

I'll do the naming and shaming once everything's settled, depending on outcome.

Thanks Mélusine for your advice - I can't use the "thank you" button on the new account.

I agree the situation should be "handled in the open" and I do feel a wee bit extorted (hence I'm here). The economic/pragmatic side of me though, would much rather pay 120chf than 300ch if that is really a possibility. I'd love to find some information on what regulates situations like this, but I'm afraid my level of German has prevented me from doing do successfully so far.

Maybe you hedged somebody in.

lawyerd - much appreciated!

There were no official signs like that, from what I can remember, just a yellow box saying "restaurant" (it was dark, so I could've missed some things). I might go back there to check it out to be sure.
There were three parking spots, all empty and the other two remained empty for the duration of my transgression.

We had a quick chat when I came back to the car and he said he's fed up with people taking the spots he's is paying for, which I totally understand. Still I'm getting less comfortable with going back to pay the 120.

Thanks for your help!

he's trying to make a fast buck. As far as I know, you can only be charged as described by lawyerd and anything else is an invitation to pay money. If a parking offence takes place, it would not be a bill sent by a company but AFAIK from the local police......and I'd doubt the owner would get anything from that.

naturally, he would have to show certain things such as the fact that you entered into a contract (knowingly) by parking there.

So the important thing would be the signage for the spaces and if there is an officially-backed penalty system.

Also given an average parking offence would cost 40 francs, 120 is disproportionate and any court would likely agree. I've had 40 franc fines from places like this.

It's nothing to be ashamed of, why the duplicate account?

The OH has had a situation like this and it rolled out as mentioned by Mésuline and not just CHF 40 (which is the regular parking fine amount). You are probably looking at CHF 150 in total (parking fine plus justice of the peace admin fee).

I think the CHF 300 is a bluff. The CHF 120 is also a bluff as well as he will see little or nothing of the CHF150 (my guess). He sees himself as a winner if he can pocket CHF 120 for doing no work.

I would just let him process the paperwork and loose his time with it. The downside cost to you is probably CHF 30 (CHF150 cost -120 payment). Just don't do it again.

As an alternative, you could apologize again and suggest that you eat dinner at his place and spend CHF 150 in food and wine. That way everyone is a winner.

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Do or do not, there is no try(ing). Yoda

I have been thru this..... The signage must be clearly displayed. No official sign with all the blurb underneath means don't worry. My first impression is offered to pay X instead of Y is scam.

As for towing costs (not relevant in this case but it's been mentioned) the order-giver has to pay(german article), not the car owner.

He's trying to fleece you.

You need to be aware that private people or companies cannot issue parking tickets (or if they do, they can be safely ignored). The photo in lawyerd's post makes it quite clear, the issuing authority is the Gemeinde or commune.
The restaurant is trying it on. He can report you, but only to the commune. And there is so much paperwork involved that it's unlikely he will bother for a single offence.

Is it always police? I had a friend getting a ticket outside our apartment building for overstaying on the visitors parking and this came from Securitas or something similar.

that's a commercial invoice and I'd consider it's an invitation to pay something.

As in you wouldn't pay at all? He said the bill would come via some company, unfortunately I don't remember the name. It wasn't Securitas.

@cesar: did you friend pay?

So Securitas parking tickets can be ignored? It might not have the same power/effect as a police issued ticket (as in getting your car clamped for many unpaid ones), but I guess they could easily give you Betreibung problems, right?

if they give you a Betreibung then then need to prove you knowingly and willingly entered into a contract. This may be achieved by signage but the only ones really enforceable are the official ones shown above.

Ray will be round to collect on behalf of Ken's Parking Services

One thing to consider... once you paid 120chfs, what's to stop him from giving the photo to the police anyway...