Rental termination and monitoring fees: Doris F. defends himself!

Rental termination and monitoring fees: Doris F. defends himself!

Simmering, Österreich - Doris F. from Vienna is once again faced with a violent demand. After an incomprehensible incident, she had to pay 395 euros for just eight minutes in the Boesner car park to avoid a lawsuit for possession. But that's not all: the ownership gmbh now sent her a new letter with a "comparison offer for claims for compensation". This reports meinbezirkt.at .

In the said letter, ownership now requires additional surveillance costs of 235 euros. These costs are intended for the "determination and documentation" of the alleged possession disorder. However, Doris F. decided not to pay this claim and got legal advice.

special attention deserves that Doris F. has already sent a registered letter to ownership gmbh in which she rejects the claim. In this letter, she draws attention to the fact that "considerably higher costs" could occur in the event of a failure of the payment period. The costs listed includes around 89 euros for "evidence protection" and around 48 euros for "case processing". With her concerns about possible further bills, Doris F. shows a very natural concern that many can understand in their Situation.

The legal situation

The processes related to the claims of the ownership GmbH raise questions about the legality of parking rooms by private service providers. According to a judgment of the Higher Regional Court Frankfurt a. M. (OLG) are inadmissible. Only the state or relatives of the public service are authorized to punish parking violations, as [https://www.anwalt.de/rechtstipps/unzulaessheit-der-parkaumueberwachung- through-private-dienstleist_162627.html) determines.

The monitoring of the resting traffic will soon be a sovereign task. Private companies that are in use and possibly even wear police uniforms give the appearance of a police activity, which is punishable. The possible legal consequences for those affected are also not to be neglected: While fines that are based on such surveillance can be considered illegal, reimbursement of the municipalities already paid is not possible, except for sums over 250 euros.

an outlook

For Doris F., the question remains how things will continue. Your approach to claim legal help and reject the claims could be relevant for many. Because at a time when more and more private service providers are acting in public space, many people do not know how to behave in the event of unauthorized claims. We can be excited to see how the case of Doris F. will develop and what precedent decisions may arise from the recent legal disputes.

We will continue to observe and report the developments. The topic of parking space monitoring remains a hot iron for many Viennese and we keep it up to date with all relevant news.