A warning for illegal parking or expired parking time is usually not a big deal and most drivers pay the fine without hesitation. But it is often worthwhile to lodge an objection: a fine is only due in certain cases.
The owner of the car is not automatically the perpetrator
With the judgment of May 17, 2024 (ref.: 2 BvR 1457/23), the Federal Constitutional Court decided: The owner of a car is not automatically the perpetrator if he is not allowed to park. In the district of the Siegburg District Court, a vehicle owner received a warning fee of 30 euros for illegal parking, which he did not pay. The fine authority assumed that he was probably the driver and issued a fine, which the vehicle owner objected to. His argument: He wouldn’t have parked the car there at all. He wouldn’t say who put it there.
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Exceeding the maximum permitted parking time
The court was satisfied that the applicant parked the vehicle registered to him on October 6, 2022 at approximately 2:30 p.m. The parking disc was set for an arrival time of 2:30 p.m., and the car was still there at 5:35 p.m. Because the maximum permitted parking time was exceeded, an inspector handed out a ticket. The vehicle owner defended himself against this in vain before the Siegburg District Court and the Cologne Higher Regional Court. The court at first instance ultimately sentenced him to a fine for illegal parking, even though the only evidence there was a photo of the parked vehicle.
The matter ultimately ended up before Germany’s highest court, the Federal Constitutional Court in Karlsruhe, which overturned the conviction as unconstitutional. The ruling states that there has been a violation of the Basic Law’s prohibition of arbitrary actions. The district court in Siegburg looked at the photo of the parked car, but no further evidence was taken. If there is a lack of evidence that the owner is also the perpetrator, it cannot simply be concluded, the judges ruled.
The perpetrator principle applies to parking violations
The ruling by the Siegburg district court is more the exception than the rule, Düsseldorf lawyer Christian Demuth told Focus. As a rule, proceedings are closed due to lack of evidence. “The perpetrator principle also applies to parking violations,” emphasizes Demuth. The accused’s silence should not be used against him. In this respect, the Federal Constitutional Court’s decision strengthens the principle of the presumption of innocence.
In order for there to be evidence that the perpetrator is also the owner of the vehicle, this means conversely: drivers would have to be caught straight away, for example if they are standing directly next to the car or sitting in the vehicle.
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raise an objection
Anyone who has received a fine must file an objection within two weeks of receiving the fine. This deadline is crucial because the objection must be received by the fine authority in good time, according to the Focus report. Incorrect measurements or formal errors can be reasons for a successful appeal. The objection must be submitted in writing and should be well justified and, if possible, supported by evidence. A simple letter stating the file number and a brief explanation is sufficient. Alternatively, a lawyer can be hired to formulate the objection professionally, advises Focus.
Editorial team finanzen.net
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