What is an assignment agreement?

Illegal parking on private parking spaces is a widespread nuisance in Germany too — whether at residential complexes, commercial premises or on private land. Enforcing claims such as a contractual penalty (Vertragsstrafe) or towing costs takes time, expertise and sometimes legal support. This is where a proven civil-law instrument comes into play: assignment (Abtretung) — also known as assignment of claims.

What is an assignment?

An assignment is the contractual transfer of a claim from the current creditor (the assignor) to a new creditor (the assignee). It is governed by §§ 398 ff. of the German Civil Code (BGB). In practical terms: as the possessor of a parking space, you transfer your claims — for example against an illegal parker — to a specialised company, which then enforces the claim.

Practical example

An illegal parker is in your private parking space. You secure the evidence, the contractual penalty is demanded — but nobody responds. Instead of pursuing the case yourself, you assign your claim to a platform such as FalschParker.io, which then recovers the amount as the new creditor.

How an assignment agreement works

1. Agreement between assignor and assignee: the assignment agreement is concluded between you (the current creditor) and the service provider (the new creditor) — for example by means of an assignment declaration (Abtretungserklärung).
2. A contract between the creditors: the illegal parker is not a party to the assignment agreement. In practice, however, they are informed whom to pay.
3. Transfer of the claim: when the agreement is concluded, the new creditor takes your place (§ 398 BGB).
4. Enforcement by the new creditor: they can send reminders, start collections and — if necessary — pursue the claim in court.

Benefits of assignment for parking-space owners

• No administrative effort: you don't have to handle reminders, keeper enquiries or legal steps yourself.
• Professional enforcement: the claim is pursued by a specialised provider familiar with the process.
• Time savings: instead of spending weeks on a single illegal parker, you can focus on everyday tasks.
• Digital and simple: with FalschParker you sign the assignment declaration digitally in the app.

Important note

An assignment is not a debt waiver — it is a transfer of your existing claims. The claim against the illegal parker remains; it is simply pursued by a different creditor. The legal basis is §§ 398 ff. BGB.

For a contractual penalty to arise in the first place, the terms of use must be clearly visible before parking, for instance on a sign at the entrance (§§ 305 ff. BGB). Find out more on our contractual penalty page.

Conclusion

Assignment is a powerful tool for handling illegal parkers on private property quickly, efficiently and in compliance with the law. It relieves owners and property managers of the burden and ensures that legitimate claims — such as a contractual penalty — are consistently pursued.

If you want to save yourself the effort, working with a specialised provider that operates via assignment is the simplest solution.

This article is general information and not legal advice.