Everything you need to know about private parking penalties in Germany

This guide covers the essentials of contractual penalties for private parking in Germany: what they are, how they differ from a public fine, who may claim them and what to do if you receive one.

1. What is a contractual penalty on a private car park?

Parking on someone else's private space without permission is unlawful interference with possession (verbotene Eigenmacht, § 858 BGB). If the car park is suitably signposted, parking the vehicle also creates a usage contract (Federal Court of Justice, BGH, judgment of 18.12.2019 – XII ZR 13/19). The conditions stated on the sign then apply to the person parking.

These conditions usually include a contractual penalty (Vertragsstrafe, §§ 339 ff. BGB): an amount that becomes due if the conditions of use are breached — for example by parking without authorisation. It is claimed not by an authority but by the owner, tenant or operator, or a service provider acting for them.

1.1 Difference between a contractual penalty and a public fine

On public roads, illegal parking is an administrative offence under the German road traffic regulations (StVO). The public order office (Ordnungsamt) or the police are responsible there.

On private ground — such as company car parks, customer car parks or residential parking — the Ordnungsamt is generally not responsible. Enforcement is in principle a matter for the entitled party and takes place under civil law. The contractual penalty is therefore not a state fine but a contractual claim. Only in emergencies, such as a blocked fire-brigade access, should you call the police on 110 straight away.

2. Who may claim a contractual penalty, and how high may it be?

In principle, whoever controls the car park and set the conditions of use may claim it — owner, tenant, property management or operator. The claim is often assigned to a specialised service provider (§§ 398 ff. BGB), which then enforces it in its own name.

There is no statutory amount. Because the conditions are standard business terms (AGB, §§ 305 ff. BGB), the amount must be reasonable; disproportionately high amounts can be invalid (§ 307 BGB). In the case decided by the BGH, the sum in question was an increased parking fee of €30. You can read more about the permitted amount in our article How high can a private parking penalty be in Germany?

3. What can you do if you have received a contractual penalty?

First check whether the claim is justified — signs do get overlooked. Before you object, make sure that:

• your vehicle really was not allowed to park at that location.
• the claim actually relates to your vehicle (number plate, location, time).
• you used the parking meter or parking app correctly, including entering the right number plate and zone.
• a clearly visible sign at the entrance pointed out the conditions — because only then do they become effective.

Important for vehicle keepers: anyone who denies having driven must, according to the BGH, explain who could have been the driver. Otherwise, as a rule, the keeper is liable themselves.

If you conclude the claim is unjustified, use the contact details on the notice or letter to object, and include all supporting evidence.

Conclusion

The contractual penalty is an effective tool for owners and operators of private car parks against unauthorised parking — without involving the Ordnungsamt. It requires clearly visible signage and a reasonable amount. If you receive one as a driver, check the situation carefully and object with reasons if appropriate.

Find out how FalschParker supports parking-space owners on our website FalschParker.io. Protect your spaces and keep order — with FalschParker.

This article is general information and not legal advice.