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The more difficult it is to find a parking space - for example due to a lack of parking space - the higher the probability that drivers will intentionally or unintentionally park wrong. And an owner investigation may then have to be initiated if the ticket is not paid. But who bears the costs for this? A ticket on the vehicle can be issued without further hearing or questioning from the owner no chargeable driver identification entail. After all, it is not known whether the owner was even aware of the warning and, moreover, it is not clear to the layperson that such a possibility exists at all with the "windscreen wiper warning". According to the ADAC, the district court of Straubing recently ruled in the case Az.: 9 OWi 441/21.
the specific case
In this specific case, a driver parked incorrectly. He got a ticket behind the wiper. However, the fine was not paid. The vehicle in question was a company car and belonged to a company. She got that Notification of costs sent and should pay the fees of an unsuccessful driver investigation. Because in stationary traffic, the owner can also be held liable if the driver cannot be identified with reasonable means. However, the company sued because it had not been heard and therefore had no opportunity to provide information about the driver. And the court gave the company Law. According to the court, there was no guarantee that the owner knew anything about what was happening. Due to the improper hearing, the fee notice was unlawful.
Of course, that wasn't the end of it.
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