Michael, his car and the excessive towing costs
Michael Meier:
A few days ago, I parked in someone else’s parking lot because I was pressed for time and couldn’t find another parking space. The owner of the parking lot had my car towed away. Now the towing company wants 700 francs from me for towing costs. Is that permissible?
Answer:
Hello Michael
By parking in someone else’s parking space, you have committed a trespass. The owner has the right to have your car towed away. However, he can only charge you the towing costs if the towing was proportionate. If you have only parked for a short time, the proportionality would probably be negative. Moreover, the demand seems too high anyway. Reasonable towing costs in the Zurich area are around CHF 300.00. We recommend disputing the claim. The towing company (to which the claim was assigned) will generally not sue for the claim due to the low amount in dispute and high litigation risk. In the event of debt collection, you submit a legal proposal, which is usually the end of the matter.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
