🅿️ Parking, tickets, towing and keeper liability
In brief
If you leave your car or stop for longer than three minutes, you are parking. There are parking bans, for example in front of driveways and over manhole covers.
If the driver is not found after a parking violation, the authority can charge the proceedings costs to the keeper. This is only a cost notice, not a fine for the keeper. When towing, only the locally usual costs may be demanded.
Step by step
- Secure evidencePhotograph signs and the vehicle.
- Check the noticeDistinguish a cost notice to the keeper from identifying the driver.
- TowingAsk for an itemised invoice. If in doubt, pay only under reservation.
- Get adviceFor large claims, ask a traffic lawyer or the Verbraucherzentrale (consumer advice centre).
Deadlines
- § 25a StVG covers only stationary traffic (stopping and parking), not speeding or other violations in moving traffic.
- The keeper can argue unfairness. They are entitled to be heard.
- Towing from private land follows civil-law rules. According to the BGH (4 July 2014, V ZR 229/13), only locally usual towing costs are recoverable.
- Rules on parking permits, resident parking and parking fees are municipal (state law not researched).
In depth · legal basis, figures and practice – for advisers and professionals
Stopping and parking (§ 12 StVO)
Stopping is not permitted, among other places, at narrow and blind spots, on sharp bends, at level crossings and in front of fire service access routes. Parking bans apply, among other places, within 5 to 8 metres of crossroads and junctions, in front of driveways, over manhole covers and in front of lowered kerbs. You must park in a space-saving way.
Keeper bearing costs (§ 25a StVG)
If the driver cannot be identified for a stopping or parking violation, or only with disproportionate effort, the costs of the proceedings and the authority's expenses are imposed on the keeper or their agent. Exception: it would be unfair. The keeper is entitled to be heard and can apply for a court decision.
Keeper liability in operation (§ 7 StVG)
The keeper is liable for damage caused in the operation of the vehicle; exception: force majeure. In the case of unauthorised use, the user is liable; the keeper remains liable if they negligently made the use possible. Details of accident liability: Wegweiser Verkehrsunfallopfer.
Towing
According to ADAC, towing ordered by the police must be proportionate. Whoever returns only after the tow truck has arrived pays for the wasted trip. BGH, 4 July 2014, V ZR 229/13: only locally usual towing costs are recoverable. BGH, 11 March 2016, V ZR 102/15: costs of identifying the keeper are recoverable, monitoring and collection flat fees are not. In a dispute, the amount can be deposited at the local court (Amtsgericht).
Automated parking enforcement (§ 63g StVG)
§ 63g StVG governs automated parking enforcement (scan cars) with anonymisation and deletion duties.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.