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Supermarket parking lot: driver defends herself against owner inquiries

2024-02-09T08:14:14.077Z

Highlights: A woman parked too long in a supermarket parking lot. The parking lot operator requested and received the owner details from the Federal Motor Transport Authority in order to impose sanctions. The owner of the car found out about this, she filed an urgent lawsuit to stop the data from being passed on. However, the Schleswig-Holstein administrative court rejected the application. The decisive factor in allowing the data to be passed on was that the parking lot was accessible to the general public. This is regulated in Section 39 (Paragraph 1) of the Road Traffic Act.



As of: February 9, 2024, 9:03 a.m

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Oops - parked wrongly or for too long?

This happens to a lot of people and usually costs a few euros.

But can owner data be passed on so easily even after parking offenses in a supermarket parking lot?

© Christin Klose/dpa-tmn/dpa

A woman parked too long in a supermarket parking lot.

The parking lot operator requested and received the owner details from the Federal Motor Transport Authority in order to impose sanctions.

Was that legal?

Schleswig - If parking violations occur on private areas, the owner details of the car in question may be requested from the Federal Motor Transport Authority (KBA) and passed on by them.

Requirement: The parking lot must be open to the general public.

This is shown by a decision by the Schleswig-Holstein Administrative Court (Az.: 10 B 78/23), which the ADAC points out. In that case, a woman had parked her car in a supermarket parking lot.

She exceeded the maximum parking time permitted there of one hour by 20 minutes.

There was parking surveillance on the site.

In order to be able to punish the violation, the operator of the parking lot questioned the KBA, which also passed on the data.

Urgent proceedings against the transfer of data

When the owner of the car found out about this, she filed an urgent lawsuit to stop the data from being passed on.

However, the Schleswig-Holstein administrative court rejected the application.

The decisive factor in allowing the data to be passed on was that the parking lot was accessible to the general public.

This is regulated in Section 39 (Paragraph 1) of the Road Traffic Act.

dpa

Source: merkur

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