Owner inquiries in Hameln: Parking can be so dangerous!

Owner inquiries in Hameln: Parking can be so dangerous!

In Hamelin, the topic of parking space management is a topic of lively conversation. The legal framework for owner inquiries and the associated contractual penalties in particular are causing a stir among drivers. As dewezet.de reports, companies that manage parking spaces have the opportunity to obtain vehicle owner data through owner queries if Parking fees have not been paid.

These queries can be requested from the Federal Motor Transport Authority or the relevant vehicle registration office for a fee. Importantly, applicants must provide “valid reasons” for their owner request; This is set out in Section 39 of the Road Traffic Act (StVG). So it doesn't just happen as you please, but only if there is a serious reason.

Legal situation and court rulings

A decisive decision by the Schleswig-Holstein Administrative Court from 2023 has now made it clear that parking in private parking spaces is considered a matter of road traffic law. This means that the transmission of owner data to parking lot operators is legally secured if it is needed to assert, secure or enforce legal claims. This means that if parking fees are not paid, the drivers can be legally prosecuted, as ra-kotz.de also states.

The background to this decision was a specific case in which a vehicle owner exceeded the permitted parking time of one hour by 20 minutes. Although she tried to challenge the transmission of her owner data as unlawful, her application was unsuccessful in this case. The court ruled that the use of customer parking spaces has a connection to road traffic and the data transfer is therefore legal.

Contractual penalties and their consequences

In Hameln-Pyrmont, a total of 213 owner inquiries were carried out from March to the end of 2024; in the first half of 2024 there were already 184, which means an average increase of more than 30 inquiries per month. The district administration cannot differentiate between applicants. In addition to parking lot operators, owner inquiries can also be carried out by the police, fines offices and insurance companies, which somewhat reduces the invalidity of the vehicle-specific excuses.

With regard to the amount of contractual penalties, it should be noted that there are maximum limits. These are set at a maximum of twice the regular fine for a similar traffic violation. For example, the fines for “parking without a parking ticket” can be between 20 and 40 euros. The administrative court has also decided that properly marked parking spaces can also be legally enforced, with fines usually being around 30 euros.

Conclusion and outlook

The discussion about parking in Hameln and the associated legal framework will continue for a long time. Drivers should be aware that by parking on private property they automatically enter into a contract with the operator and clear signage is essential. Therefore, anyone who parks their car in the future should keep a close eye on how long they park for in order to avoid expensive contractual penalties.