Who is parked without authorization on a private car to be towed may be expected. This principle was confirmed by the Federal Court. The district court of Berlin has another similar case on 15 Decided in July 2010. A road user was parked on a supermarket car park with clear signs for towing threat, if no purchase is made. The vehicle was towed and taken to a undisclosed location for the holder. As the demands of the assigned parking lot owner to the towing company were used, the holder of the towing company. This persistently concealed the location of the motor vehicle to regulate the towing costs. Since the vehicles are parked usually removed a few hundred meters, the vehicle owner had no way to recover his vehicle. The keeper is felt by the towing company "blackmailed."
The Berlin Regional Court took the view that the exercise of Zurückbehaltungsrechtsdurch not to pay the towing costs in terms of § 273 paragraph 3 BGB is disproportionate because the owner of the vehicle, the assertion of the retention by can avert security (deposit of the amount of money). The principle that he who is without justification in a supermarket parking lot may be towed away, was also confirmed by the Supreme Court.
have decided, however, numerous court that may cost the towing of parking spaces between € 90.00 and € 150.00 (see also AG Berlin on 5 August 2010 - 13 C 81/10). Against excessive claims affected should defend in any case. Sun demand for towing of supermarket car parks specialized companies (including parking areas KG) actually amounts to about 300, - €. Too expensive as Numerous courts have ruled. The cost of towing - in order by police officers - is compared with about one third of these costs. In the District Court Munich (former headquarters of the company parking spaces KG) are several decisions were made on the subject, were convicted in what the specific towing company to repay the money part. For some time this company has moved its headquarters to Berlin. It should be expected to increase in the near future also with relevant procedures.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law, and Member ARGE traffic law in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin, Eichendorff Strasse 14, 10115 Berlin
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