Fines in private parking lots: what they are and how to act
Numerous drivers receive penalty notices after using a private parking lot and doubt their legal validity. The key is understanding that these documents are not traffic fines. They are civil claims that present a different scenario. 🚗
The legal basis of private penalties
These payment demands arise from a tacit contractual agreement. By accessing the premises, the user accepts the published rules. If they are not complied with, such as staying longer than paid, the managing company can claim an amount. For it to be effective, it must prove that the driver knew the terms clearly and expressly.
Elements that determine their validity:- The civil nature of the claim, unrelated to the DGT's administrative channel.
- The proof of knowledge of the rules by the user at the time of the incident.
- The clear identification of the driver, as the claim is personal.
The safest way to avoid these conflicts is to pay correctly for the parking time. Although the conditions sometimes seem cryptic, ignoring them can lead to a claim.
When and how you can reject payment
There are solid reasons to challenge one of these penalties. Their effectiveness depends on the managing company being able to demonstrate that it informed adequately.
Common cases for challenging:- The informational signs are not visible, are poorly placed, or do not detail the penalty amount.
- The company cannot prove who was driving the vehicle, a crucial point in personal claims.
- The notice received simulates being an official fine but lacks the backing of a public administration.
Steps to follow if you receive a penalty
If you decide not to pay, you can submit a defense statement to the company, arguing the reasons. Always check the visibility of the rules in the parking lot. Remember that, although the language on the signs may seem complex, assuming the risk of not complying can have tangible consequences, such as the initiation of a collection action. ⚖️