"Word-of-mouth from Karlsruhe: Parking fine not given to the vehicle's owner"

Procedures are restated. - "Word-of-mouth from Karlsruhe: Parking fine not given to the vehicle's owner"

The phrase "Knöllchen" originates from Karlsruhe and states that the owner of a car is not necessarily responsible if parking infractions take place using their vehicle. This notion was reinforced by the Federal Constitutional Court in Karlsruhe when they intervened to support a citizen in Siegburg close to Cologne who was asked to pay a 30 euro penalty for a parking violation.

This individual faced unsuccessful legal battles in both the Siegburg District Court and the Cologne Court of Appeal. However, the judges in Karlsruhe prevailed in his favor and decriminalized his conviction, citing a breach of the constitutional prohibition on arbitrariness (case number: 2 BvR 1457/23). The verdict was announced on Wednesday.

The offence: A car, displaying a parking permit, was parked longer than allowed on a parking lot in Siegburg. The parking permit was valid from 14:30, but the car was still there at 17:35. The owner of the car did not disclose who had parked the car. Despite this, they were still issued a fine.

The court had examined a photo of the vehicle, but no additional evidence was gathered. The disputed decision contained no attempts at fact-finding and statements regarding the culprit. Without further proof, it was impossible to assume that the owner was the perpetrator.

"Even in parking offenses, the perpetrator principle applies," explained traffic law specialist and lawyer Christian Demuth from Dusseldorf. The accused's silence should not count against them. This decision therefore bolsters the foundational principle of the presumption of innocence. Nonetheless, the district court judgement is more an exception than the norm, added Demuth. Typically, cases would be dropped due to insufficient evidence.

Read also:

1. In a similar case, the Cologne Higher Regional Court upheld a decision made by the Local Court in North Rhine-Westphalia, overturning a parking fine issued to a car owner in Siegburg.
2. The Federal Constitutional Court in Karlsruhe has also acknowledged the 'Knöllchen' principle in the context of traffic violations, such as when a car owner in Cologne challenged a parking ticket they received.
3. Disputes over parking fines often find their way to the Federal Constitutional Court, as evidenced by a case in which a car owner from Siegburg appealed a 30 euro fine issued by the Local Court in North Rhine-Westphalia.
4. Following the lead of the Federal Constitutional Court, the Cologne Higher Regional Court set a precedent in a case involving a parking permit violated in Siegburg, positioning the court system in North Rhine-Westphalia in support of the 'Knöllchen' principle.
5. The Car Owners' Association in North Rhine-Westphalia applauded the Federal Constitutional Court's recent ruling in support of a car owner in Siegburg, who sought to challenge a parking fine violating the 'Knöllchen' principle.

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