New Verdict: Zurich’s Supreme Court significantly restricts parking control companies

New Verdict: Zurich’s Supreme Court significantly restricts parking control companies

Posted on10. June 2022, 04:17

The prosecutor’s office in Zurich recently launched an investigation into the parking control company Polis GmbH. The new ruling of the Supreme Court further narrows the scope of activities of similarly operating companies.

1/4The business model of parking inspectors has recently been weakened by a judgment of the Zurich Higher Court.

The business model of parking inspectors has recently been weakened by a judgment of the Zurich Higher Court.

Nicola PitaroIn a case heard in March, a woman was reported for parking in a private, paid parking lot and exceeding the parking time paid there.

In a case heard in March, a woman was reported for parking in a private, paid parking lot and exceeding the parking time paid there.

20 minutes / Marco ZanggerThe court ruled that injunctions were inadmissible in private car parks open to the public.

The court ruled that injunctions were inadmissible in private car parks open to the public.

BZ

The prosecutor’s office in Zurich initiated criminal proceedings against the car park control company Bülach Polis Control GmbH. A company which obtains a court ban on parking for owners of private parking spaces through a power of attorney and then issues administrative damages to the perpetrators of parking, is suspected of being punished, inter alia, by for extortion.

Following the news of the initiation of the investigation, many other victims were contacted within 20 minutes. For example, HM * (23): “I got this fine myself and was shocked at the exorbitant price – 90 francs.” Particularly suspicious was the fact that Polis, in addition to bills, sent him bills from two other people. “It had names, addresses, telephone numbers and fine check numbers.”

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“I paid with grinding my teeth”

As he considered it data sensitive, he tried to contact the company, says M. After trying various ways to contact the company, the manager dismissed him over the phone and blamed the mail. Calling a toll number cost him an additional 50 francs.

In the end, he gnashed his teeth and desperately paid the required amount of “industrial damages.” “I received a reminder and did not want to be reported,” says M.

No more court bans

However, the business model of parking inspectors has recently been weakened by a judgment of the Zurich Higher Court. In a case heard in March, a woman was reported for parking in a private, paid parking lot and exceeding the parking time paid there. The court ruled that injunctions were inadmissible in private car parks open to the public.

According to lawyer Markus Schwingshackl from Good Rechtsanwälte, the judgment means that the field of activity of parking control companies is currently significantly limited. For example, owners of private parking spaces that are open to the public and charge for parking meters cannot obtain such injunctions. “Owners of such parking spaces cannot protect themselves with a ban if someone fails to pay for a parking ticket or exceeds the parking time.”

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