When can you have a car towed? Your rights against illegal parking on private property

Rights against illegal parking on private property in Germany

A stranger's car is in your private parking space? The driveway to the underground car park is blocked? Many people then ask: am I allowed to simply have the car towed?

The answer is yes — under certain conditions. Unauthorised parking on private property is unlawful interference with possession (§ 858 BGB). The possessor may defend themselves against it with self-help (§ 859 BGB), and this generally includes having the vehicle towed.

For the legal overview, see Towing in Germany: what is permitted and what isn't? Here we focus on practice.

Clear demarcation is decisive

For you to have a vehicle towed with legal certainty, it should be clearly recognisable that this is private property. That makes it easy to show that the driver parked without permission.

Look out for the following:

• Clear ground markings: use markings that clearly differ from public roads, e.g. space numbers.
• Distinct signage at the entrance: clearly visible parking signs, for example: "Private parking — unauthorised vehicles will be towed at the owner's expense." If a contractual penalty (Vertragsstrafe) is to apply as well, the terms of use belong clearly visible on the sign (§§ 305 ff. BGB).
• Visual separation from public space: hedges, fences or kerbs clearly separate the private area from the street.

When is towing permitted?

On private land, towing is generally permissible when a vehicle has been parked there without authorisation (Federal Court of Justice (BGH), judgment of 05.06.2009 – V ZR 144/08). Typical situations are:

• The vehicle is in a space clearly marked as private.
• The space is needed — for example by the tenant or owner.
• The vehicle blocks access, e.g. to a courtyard, driveway or underground car park.
• The driver is not on site and cannot be reached at short notice.

Important: this only applies to private land. On a public road or pavement, the public order office (Ordnungsamt) or the police are responsible. If a fire-access lane is blocked or in any other emergency, call 110.

Practical tip: document the situation with photos (vehicle, number plate, location, signage) and check whether the driver can be reached — for instance via a phone number behind the windscreen. Do not block or damage the vehicle; that goes beyond permitted self-help. The person whose possession is disturbed may have the car towed — the owner, the tenant of the space, or the property management on the owner's behalf.

Who bears the cost?

The towing costs are generally borne by the person responsible, as damages — not by the property owner (BGH, V ZR 144/08). However, only costs at the customary local rate (ortsüblich) are recoverable; the illegal parker does not have to pay for general parking monitoring (BGH, judgment of 04.07.2014 – V ZR 229/13). More on this in What does it cost to have a vehicle towed?

Conclusion

Private parking spaces are not a free pass for strangers' vehicles. Anyone who parks without permission must expect consequences. As an owner or tenant you generally have the right to have such a vehicle towed — provided your space is clearly marked and the situation documented.

Frequent problems with illegal parkers?

Then it's worth installing clear signage with a towing warning and terms of use, or working with FalschParker, through which you can also request a towing service if needed.

This article is general information and not legal advice.