Contractual penalties on private car parks: what signage is required?

Unauthorised parking on private parking spaces is an everyday nuisance — especially for owners, tenants, property managers and parking operators. It also means effort: securing evidence, identifying the keeper, drafting letters. Many ask themselves:

What do I need to do so that I can validly claim a contractual penalty from illegal parkers?

The short answer: the right signage is decisive. Here is what applies and how to proceed.

What is a contractual penalty on a private car park?

Parking a vehicle on a suitably signposted private car park creates a usage contract (BGH, judgment of 18.12.2019 – XII ZR 13/19). The contractual penalty (Vertragsstrafe, §§ 339 ff. BGB) is part of those conditions of use and becomes due when someone breaches them — for example by parking without authorisation.

Unauthorised parking is also unlawful interference with possession (verbotene Eigenmacht, § 858 BGB), against which the possessor may in principle use self-help (§ 859 BGB), such as towing.

Why is signage so important?

Germany has no court-ordered parking ban that you would need to apply for in advance. What counts instead is the signage: the conditions of use are standard business terms (AGB, §§ 305 ff. BGB). They only become effective if they are clearly pointed out before parking — in practice through a clearly visible sign at the entrance. Without it, enforcement becomes difficult.

How can parking-space owners proceed?

1. Put up signage

• A clearly visible sign right at the entrance, noticeable before parking
• A clear statement that it is a private car park and who may park there
• The conditions of use, including the amount of the penalty, in a legible form
• Suitable signs are available under parking signs

2. Secure evidence

• Photos of the vehicle with a clearly legible number plate, including date and time
• A photo of the sign at the entrance to prove the signage

3. Identify the vehicle keeper

• Request keeper information from the Federal Motor Transport Authority (Kraftfahrt-Bundesamt, Central Vehicle Register)

Keeper information can be obtained where there is a legitimate interest in enforcing legal claims (§ 39 StVG). Photos and number plates may be processed on the basis of legitimate interest (Art. 6(1)(f) GDPR) — but only for that purpose and no longer than necessary.

4. Claim the contractual penalty

• A clear letter citing the conditions of use and the breach
• Payment deadline, contact details and a note on legal steps if unpaid

Tip: with FalschParker.io, parking-space owners handle these steps digitally — in FalschParker you scan the number plate, take a photo and confirm the location. FalschParker then handles the contractual penalty process and collection. Free QR-code notices can be ordered via support@falschparker.io.

How high may the contractual penalty be?

There is no statutory flat rate. The amount must be reasonable; disproportionately high amounts can be invalid (§ 307 BGB). The case decided by the BGH concerned an increased parking fee of €30. More on this in How high can a private parking penalty be in Germany?

What to do in case of non-payment?

• Send a reminder: polite but firm, with a deadline
• Ask for the driver to be named: if the keeper denies having driven, they must state who could have been the driver — otherwise they are liable themselves
• Assign the claim: you can assign the claim to a service provider (§§ 398 ff. BGB), which then enforces it

Here too, FalschParker.io supports you: you sign the assignment declaration digitally in the app.

Common misconceptions

❌ "I can claim any penalty even without a sign." False. Without a clear notice before parking, the conditions do not take effect.

❌ "It's an illegal ticket." False. It isn't a fine but a civil-law, contractual claim.

❌ "Only the Ordnungsamt may intervene." False. The public order office is responsible for public roads. On private ground, enforcement is in principle a matter for the entitled party.

Conclusion

Illegal parking on private spaces is not just annoying — it causes real effort. Parking-space owners in Germany can defend themselves without any official procedure — the key requirement is clearly visible signage at the entrance.

With clear signage, clean documentation, a reasonable amount and a structured approach, uninvited parkers can be held to account.

This article is general information and not legal advice.