Consumer was obligated to pay a private parking penalty fee

In a decision 343/39/2013 given by The Consumer Disputes Board (CDB) consumer M and company A had a dispute concerning a private parking penalty fee. M’s car was parked in the yard of a private real estate. M was given a penalty fee for parking incontrevention of the rules. Company A, who had patrolled the real estate, claimed that M was obligated to pay the penalty fee since he had not used a parking disc.

The CDB stated that the grounds for the penalty fee have been accepted in the Supreme Court’s prejudicate from the year 2010. The CDB has also stated in its previous practise concerning private parking, that a penalty fee cannot be collected unless the company who demands the penalty fee points out that the contractual relation has been born out or if the grounds of the penalty fee have been admitted by the party who has received the penalty fee. In this case M had notified that the demand was unjustified. However, M had not stated any facts supporting their argument. Later M had stated in their notice to the collection agency that the sign markings of the parking area had not been clear enough.

The CDB stated that in their statements, M had not denied driving the car and he had not brought up any alternative chains of events. In addition the CDB stated that the sign markings of the board regarding the terms and conditions of the parking area had been clearly visible. Therefore the contractual relation had been born out between the parties. The CDB did not recommend compensation to M.