As of: February 24, 2024, 9:52 a.m
By: Stella Henrich
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A short parking maneuver brings unexpected trouble for a Viennese woman.
She doesn't want to pay the claim of around 400 euros.
Now she is facing a lawsuit.
Update from February 24, 2024
: As
today.at
reports, there has now been a decision from the highest
Court of Justice.
Accordingly, from now on “Zupf di” is not allowed to send a letter of request to potential property disturbers on behalf of third parties.
The company explained the decision to the Austrian newspaper as “strange”.
“Especially since both the Vienna Commercial Court and the Vienna Higher Regional Court followed our arguments – in full – which is why the interim injunction was only issued by the Supreme Court.
However, our company continues to operate - and completely legally - as a licensed, full-service security company in Austria, and will initially act as a contracted security company for our clients in accordance with the law," it said.
Parking lot rip-off: London company offers lawsuit for interference with property as a business model
First report from February 23, 2024:
Vienna – A lawsuit for trespassing could have unpleasant consequences for a woman from Vienna, as
aktuell.at
reports.
63-year-old Gabriele F. is surprised by the situation.
According to her own statement, she only parked her car in the second lane, parallel to a parking space next to a garage exit, for about three minutes.
Shortly afterwards she received a lawsuit from the company “Zupf Di”.
The requested sum is 399 euros, which the woman thought was a joke.
She emphasizes that she didn't hinder anyone and that even trucks could have passed without any problems.
By warning letter to the checkout – the business model of “Zupf Di”
The Viennese woman is not the only one who received mail from “Zupf Di”.
According to a report by
ORF,
many drivers have recently been asked to pay in warning letters.
Some of the accused vehicle owners view the property interference lawsuit as a business model of the “Zupf Di” company.
The company, headquartered in London, UK, offers services that promise to protect property in car parks, driveways or properties - regardless of whether people are “owners, tenants or tenants”.
The protection options are advertised on the .at domain of “Zupf Di” as “quick, uncomplicated and without any cost risk”.
According to the advertising promise, people who use free security will receive a commission of 200 euros.
What the monitoring actually looks like remains unclear.
Owners apparently only have to upload photos as proof and provide their details.
Viennese in the parking space trap: Is there a business model behind it?
Both Austrian consumer advocates and traffic lawyers classify this business model as legally legitimate.
Property protection enjoys a particularly strong legal framework in Austria.
Nevertheless, according to the ORF
, the experts point
out that this business model potentially encourages misuse.
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Mathias Wolf, a lawyer at the Austrian Automobile, Motorcycle and Touring Club (ÖAMTC), comments on the lawsuits in connection with the “parking space trap”.
In principle, every crossing of a property boundary is a disturbance of property, regardless of the duration.
“However, the means should serve to ward off a real disruption and not to make money,” said Wolf, according to the
ORF report
.
No getting out of the garage: even a short stop can cost drivers dearly.
(Symbolic image) © IMAGO/Ingo Otto
Parking lot rip-off in Vienna: Consumer protection and lawyers advise those affected to seek legal advice
ÖAMTC lawyer Wolf advises those affected not to comply with such demands without hesitation.
Private parking spaces are often difficult to identify because there are often no signs prohibiting parking.
Nevertheless, Wolf confirms that neither signs nor barriers are absolutely necessary.
It is enough that private property is recognizable as such, for example by clearly standing out from the rest of the road.
If there is any doubt as to whether the private property was recognizable or the disruption - such as driving or parking - was intense enough, those affected should definitely seek legal advice.
There is no requirement as to how identification should be made.
Accordingly, a bevelled sidewalk edge, a different surface or a floor marking are sufficient, Wolf told
ORF.
Viennese woman defends herself against parking lot rip-offs: “They should get rid of themselves”
The Viennese woman in question refuses to pay the fine and is instead relying on a default final decision if a lawsuit actually arises.
“I certainly won't pay this company anything, even if they threaten to sue.
They should be plucked up,” the 63-year-old resolutely explains to
meine.at
.
Despite such angry reactions, the managing director of “Zupf Di”, Stefan Saverschel, is not impressed.
According to the report, the company's legal department is already preparing the Viennese woman's case for filing a lawsuit.
This could end up being very costly.
According to aktuell.at,
a person who parked
illegally had to accept a fine of 1,564 euros instead of the required 399 euros, as a ruling by the Vienna Inner City District Court shows.
(sthe)
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