Towing costs: when they do NOT have to be paid by the wrongdoer!

Recently updated on December 29, 2020 at 12:00 am

If the warning "Vehicles parked illegally will be towed away for a fee“You should definitely take this warning seriously. It is indeed allowed to tow and you in the end also for them Settlement the resulting Towing costs to come up. It is there no matterwhether it is a public parking lot or private area acts. In the case of a private area, however, it is usually the case that the owner of the area first pays even for the cost and then later, for example in the form of a Action for damages would like to be reimbursed by you.

inadequate labeling

When the no parking überhaupt nicht or unsatisfactory is marked, you can not be prosecuted for the violation. Therefore, the surfaces must always exactly marked and eventual timesin which the prohibition applies, one must take into account. In short: It may not to eventual Misunderstandings come!

Towing must be proportionate!

If an employee of the Public order office or the Police a illegally canceled If you find a vehicle in public space, you may enter one without further comment Traffic ticket exhibit. Things look different when you call the Towing service out. This may only then be called when the situation is too actually requires. This is the case, for example, when a Parked in the driveway was or if the Traffic flow not more is guaranteed. Furthermore, in most cases the owner must first be allowed to drive the car into Self-directed from the relevant body remove. So it is the duty the police to try that Holder zu here. If that not possible, or the holder takes too long, the Towing service be called and the costs can be paid to the wrongdoer charged be asked. The Proportionality However, this is not always possible concrete assess why in some cases the decision a court of law is necessary. Whether a Lawsuit worth it, you can contact a lawyer who can traffic law has specialized, ask.

Can I defend myself against towing costs?

Basically, it is natural is also possible, the Notification of costs zu contradict. In such a case, it may be advisable to use a Lawyer for traffic law to contact, as he is able to insight into files and of course is familiar with all legal requirements. If the Objection Abgelehnt shall, can also be a Lawsuit come into question. These can absolutely successfully be. So, for example, decided that Administrative court Koblenz in September this year that one Parking offenderthat during an event in a temporary and poorly signposted No stopping parked, not has to pay for the towing costs. However, some do apply

summary information

Basically it is true that the Towing costs from parking offenders must be taken over, but the towing of the vehicle is really only allowed the last option represent. For example, if the traffic situation it requires. Furthermore, a possible parking ban be well labeled. If the situation is confusing and not clear, the wrongful parker must do not pay.

• If you are on site before the tow truck, you have to Empty trip costs get paid anyway.
  - if the tow truck especially for your own vehicle has been requested.
  - If there is already a tow truck on site, then you can no a separate tow vehicle can be commissioned.
• Check the bill especially when towing Private property happened.
• There are differences between that tow away by the Police from public land and towing one Supermarket parking lot / Private property by the owner.
• Towing by the police:
  - Towing the police is based on the general Police law of the respective State.
  - Towing practices can distinguish.
  - Principle of Notwendigkeit must be present.
  - the principle of Proportionality
• Proceedings for parking infringement suspended - and the costs?
  - If the administrative offense proceedings have been discontinued, the towing costs will fall I trotzdem an
  - The decisive factor for the obligation to pay the towing costs is the objective risk situation at the time of towing.
• Towing from private property - what should you watch out for?
  - one is no costumer Towing from the supermarket or the restaurant where you park your car is basically allowed.
  - Vehicle can open your costs be towed.
  - also applies to private owners or authorized persons (tenants)
• Bare Offset of the vehicle possible?
  - Vehicles parked illegally may only be pulled as far away as it is is absolutely necessary.
  - Mere relocation is possible when in the vicinity suitable free parking spaces available.
• Must have a vehicle before towing it may not be left unattended. A mere relocation is then not permittedsystem. (Towing to the official custody or depot from the towing company is necessary)
• Towing costs, who has to bear them?
  - If the driver is not identified, he must Holder the towing costs pay. Costs are independent the fine proceedings and the violation, that one punished is.
• Additional Costs
  - special expenses in connection with towing are differently.
  - the municipalities have various management fees
  - are official depositaries expensive than on the towing company's premises
• Towing costs restricted in terms of amount?
  - The Munich District Court (Az .: 472 C 8222/18) has decided that the compensation for the parking offender must be paid, but by the Economic efficiency requirement is limited.
• Towed wrongly?
  - Systematically working service companies are allowed to pay the costs of their activities not kill.
• Where is the vehicle now?
  - Notification of the location of the vehicle after towing is only possible after payment of the invoice permitted.
• Note: A vehicle has to be Towing device have. All information is available in our article "The towing device - mandatory on every vehicle!".

Of course that had not been the case.

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