Are towing companies allowed to collect unlimited parking fees for cars that are removed? The Federal Court of Justice says: No. The decisive factor is the time at which the owner requests the return of his vehicle.
Towing companies are not allowed to easily collect unlimited parking fees for removed cars that are temporarily parked in a storage area – commonly referred to as a “car jail”. This was ruled by the Federal Court of Justice (BGH) in Karlsruhe.
The decisive factor is the time at which the owner demands the return of his vehicle, explained the presiding judge Bettina Brückner. However, if the company then offers to release the car in return for the costs incurred up to that point and the owner does not pay them, the storage costs could increase.
Almost 5000 euros in storage costs
In the specific case from Saxony, a towing company demanded 4,935 euros because the vehicle was initially left on the premises during a legal dispute – and the amount increased day by day.
The Dresden Higher Regional Court (OLG) only awarded the company 75 euros in the appeal process and considered the crucial moment to be the moment when the owner made it unmistakably clear that he wanted his vehicle back. The towing company appealed against this ruling. Because the company initially did not respond to the owner’s request for release, the BGH confirmed the OLG ruling. The fifth civil senate rejected the appeals against this decision.
(Af. V ZR 192/22)