BGH rules on parking fees for towed car
The Federal Court of Justice (BGH) is set to rule today on the amount of parking fees for towed cars. Specifically, it concerns a case from Saxony in which a private towing company is demanding 4935 euros because the vehicle initially remained on the premises during a legal dispute - and the sum increased day by day.
The Dresden Higher Regional Court (OLG) had only awarded the company 75 euros in the appeal proceedings. "There could be a lot to be said for the view of the Court of Appeal," said the presiding judge at the BGH, Bettina Brückner, at the hearing in Karlsruhe in mid-September.
High amount in dispute due to special circumstances
She also hinted that there could be a simplified solution, because otherwise a lot of detailed questions would play a role: For example, if the towed car is parked in a public parking lot and fitted with a parking claw, it would be necessary to clarify the radius within which a free parking space must be found. How long does the towing service have to search for it? Can expensive cars be parked in unlit commercial areas? And what if potential stolen property such as a cell phone is in plain view on a seat?
In this particular case, the high amount in dispute came about due to special circumstances. The vehicle owner had demanded the return of his car a few days after it was towed away. However, the company refused to do so as long as the towing costs of around 270 euros and parking fees of 15.00 euros per day were not paid. The dispute dragged on: When the Dresden Regional Court heard the case and the car was handed over, it had been standing on the towing company's premises for 329 days - resulting in the sum of more than 4900 euros.
ADAC: Storage costs can vary greatly
While the regional court ruled that the plaintiff should pay all costs, the higher regional court overturned this decision to a large extent. In September 2022, it ruled that the owner had to pay for the towing and storage on the company premises - but not indefinitely. In the OLG's view, the decisive factor was the point in time at which he made it unmistakably clear that he wanted his vehicle back. That was after five days.
According to the OLG, it was permissible for the company to retain the car in order to ensure payment of the towing costs. However, it could not earn parking fees by doing so. The towing company appealed against this decision. (Ref. V ZR 192/22)
The automobile club ADAC has no overview of the range of storage fees for towed vehicles in Germany. "In fact, the storage costs can vary greatly from region to region."
Source: www.dpa.com
