HI all,
I would like to know if anybody knows anything on the following matter:
can someone be sued for leaving their car parked in second row (i.e. close to a car already parked on the side of the street regularly)?
can this be done if the driver of the car regularly parked wished to exit and in the attempt allegedly damages his own car, but not the other one?
if so, what damages can he claim since my friend's car parked in second row was untouched (i.e. the driver of the car parked regularly could have damaged his vehicle in any other occasion not involving the car in second row)?
What does the StVO say? What does the law say?
Should the (supposedly) obstructed driver call the police instead and have my friend simply fined and his car removed - can he claim anything at all? (BTW this whole episode was 5 minutes long - my friend was off for an urgent pee!...it was not 30 mins long or more)
I am asking this because a third party who watched the "event" said to my friend that the driver who (allegedly) damaged his car, getting out, noted down my friend's license plate number and said he would send him a letter from a lawyer claiming damages (at least this was understood - they guy spoke with thick bayerisch accent...)
If it wasn't for this guy telling my friend, we would never know what exactly happened - the only difference my friend saw when coming back after only 5 minutes leaving his car in second row, was that there was another car parked in its place!
Thanks for your help. We find this whole thing quite absurd and unreasonable. My friend could certainly pay a fine for parking the car not properly, but to claim damages to the owner of a car parked and standing still - that is a bit too much, don't you think? BTW this happened at Munich's airport - there were other cars parked in second row...many more...
Ciao,
P-
BTW: can anybody simply write down the license plate number of a car and get the name and address of its owner? is there any privacy law for this? is it regulated?
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Fines for double parking
The legalities in Germany
I find it interesting that you seem to think your friend has no responsibilty for being in the wrong.
It doesn't matter if your friend was gone for 5 minutes or five hours...how was the other driver to know?
Your friend parked illegally, and I assume didn't leave a note on the other cars windshield (which would have been appreciated I'm sure) stating he would be right back.
I have been boxed in by cars, and it is unbelievably frustrating.
How about some consideration that the person had to get somewhere.
Though I doubt the person will be able to collect w/o having called the police and/or taking photos.
It doesn't matter if your friend was gone for 5 minutes or five hours...how was the other driver to know?
Your friend parked illegally, and I assume didn't leave a note on the other cars windshield (which would have been appreciated I'm sure) stating he would be right back.
I have been boxed in by cars, and it is unbelievably frustrating.
How about some consideration that the person had to get somewhere.
Though I doubt the person will be able to collect w/o having called the police and/or taking photos.
Gemini, the only wrong my friend did was to park in second row, no doubt about that - he should be fined for it, that is OK - I am not arguing on this or defending him (and that is not the purpose of the post). BTW: my friend could have been sick inside the airport terminal or something else - to assume that he was necessarily minding his own business, that is something that would have need to be proved. And it was an airport terminal were cars come and go, not some deserted street downtown. The driver could even have asked the service at the airport to call the driver on the loudspeakers - he had the license plate number - they do this in supermakets and stores continuously: nobody damages his car to get out just because he cannot find the driver boxing him!!!
What I find unreasonable and ask if the law says anything about it, is how can somebody ask for damages that he did himself on his own car and on his own accord, just trying to get out before calling the police to get the car removed and making absolutely sure the other driver could not be found.
IMO in this case damaging one own's car is only the driver's fault, and it has nothing to do with a car parked in a second row. Unless the other driver who wanted to leave was in a life threatening situation (in which case he should have called the police, ambulance, etc.), involving a lawyer (if he ever will) to sue my friend for damages he did himself to his own car, that I find a bit over the line and a poor effort to try to exploit for one own's benefit other people failrures/mistakes. BTW: who says that the other driver did damages to his car in another situation/another place and is using this situation to pay for them? plus, why did he not leave his generalities on a piece of paper on my friend's windshield?
What I find unreasonable and ask if the law says anything about it, is how can somebody ask for damages that he did himself on his own car and on his own accord, just trying to get out before calling the police to get the car removed and making absolutely sure the other driver could not be found.
IMO in this case damaging one own's car is only the driver's fault, and it has nothing to do with a car parked in a second row. Unless the other driver who wanted to leave was in a life threatening situation (in which case he should have called the police, ambulance, etc.), involving a lawyer (if he ever will) to sue my friend for damages he did himself to his own car, that I find a bit over the line and a poor effort to try to exploit for one own's benefit other people failrures/mistakes. BTW: who says that the other driver did damages to his car in another situation/another place and is using this situation to pay for them? plus, why did he not leave his generalities on a piece of paper on my friend's windshield?
QUOTE (pakitt @ Jul 15 2006, 3:12 pm) 
And it was an airport terminal were cars come and go, not some deserted street downtown.
Then he should be arrested for leaving a car unattended that could have been carrying a bomb. I would have had his car towed and put this on his windshield.
You know the best thing about talking about some third-party "friend"? I can refer to the subject as a "miserable piece of shit" and it's not a personal attack on the actual posters here. I do appreciate this, pakitt, and I hope more Toytowners take your lead.
can someone be sued for leaving their car parked in second row
Yes.
can this be done if the driver of the car regularly parked... damages his own car, but not the other one?
Yes.
if so, what damages can he claim
Everything he can get away with: scratched bumper, smashed quarter panel, door (which was actually damaged by an unknown person and a shopping trolley), broken sealed-beam light, you name it. As long as it's possible the damage occurred as a result (so no free clutch replacement or ring job on the motor), he can claim it. If your scumbag friend can't prove the damage was already there, he's going to pay, and that idea makes me smile.
What does the StVO say? What does the law say?
The StVO is the law. It says, "Thou shalt not be a self-centered fuck and double park, but lo I say unto you, thou shalt fnid a fucking parking spot like everyone else or use the public transport. That's what it's there for, innit."
§ 12 StVO Halten und Parken
(2) Wer sein Fahrzeug verläßt oder länger als drei Minuten hält, der parkt.
If your car's there more than three minutes, it's "parked", not just "stopped" or "I'll only be a minute I'm droping something off over there".
(3) Das Parken ist unzulässig...
2. wenn es die Benutzung gekennzeichneter Parkflächen verhindert
You can't park where it would block the se of a normal, marked parking space
Should the (supposedly) obstructed driver
STFU! There is no "supposed" or "alleged" about it. Your piece of shit friend double-parked and blocked someone else. You've admitted it and I've quoted the fucking law which agrees.
Should the obstructed driver call the police instead and have my friend simply fined and his car removed
That's up the the person who your scumbag friend blocked. If he had time to waste, sure. But who the fuck is your arrogant asshole friend to decide whether or not someone else can or can't wait? The law says it's not your scumbag friend's decision.
this whole episode was 5 minutes long
Who's to know? Did your friend leave his handy-number on the windshield in big fucking writing so the people he blocked could see and call? Apparently not.
can anybody simply write down the license plate number of a car and get the name and address of its owner?
Your lawyer can -- it requires some paperwork.
to assume that he was necessarily minding his own business, that is something that would have need to be proved.
Nope. Wrong. The shitbag selfishly double-parked and blocked someone else. Maybe the blocked person had to leave in a hurry to pick up a sick child. You don't know and it doesn't matter.
to assume that he was necessarily minding his own business, that is something that would have need to be proved.
Nope.
The driver could even have asked the service at the airport to call the driver on the loudspeakers - he had the license plate number - they do this in supermakets and stores continuously:
The MUC Airport isn't a supermarket and your self-centered friend who couldn't be bothered to fuck off to short-term parking and cough up €2 to park legally wouldn't have heard the announcement on the can anyway.
nobody damages his car to get out just because he cannot find the driver boxing him!!!
Welcome to Germany.People think differently here.
What I find unreasonable... how can somebody ask for damages that he did himself on his own car and on his own accord, just trying to get out before calling the police to get the car removed and making absolutely sure the other driver could not be found.
Fuck that! It can take the police an hour to arrive to a non-emergency situation. Your piece of shit friend could have parked legally (there's enough parking at the airport) but selfishlly chose instead to block someone else, leave no warning, making no contact info clearly available, and leaving the driver of the other vehicle with little recourse other than the possibility of waiting an hour.
Unless the other driver who wanted to leave was in a life threatening situation
It's not up to your friend to determine someone else's schedule or tthe importance of someone else's activities.
who says that the other driver did damages to his car in another situation/another place and is using this situation to pay for them?
No one. It's quite possible that this is, in part, the stuation. Unless you can prove that the damage wasn't caused by that person trying to get out, tough shit.
woof.
can someone be sued for leaving their car parked in second row
Yes.
can this be done if the driver of the car regularly parked... damages his own car, but not the other one?
Yes.
if so, what damages can he claim
Everything he can get away with: scratched bumper, smashed quarter panel, door (which was actually damaged by an unknown person and a shopping trolley), broken sealed-beam light, you name it. As long as it's possible the damage occurred as a result (so no free clutch replacement or ring job on the motor), he can claim it. If your scumbag friend can't prove the damage was already there, he's going to pay, and that idea makes me smile.
What does the StVO say? What does the law say?
The StVO is the law. It says, "Thou shalt not be a self-centered fuck and double park, but lo I say unto you, thou shalt fnid a fucking parking spot like everyone else or use the public transport. That's what it's there for, innit."
§ 12 StVO Halten und Parken
(2) Wer sein Fahrzeug verläßt oder länger als drei Minuten hält, der parkt.
If your car's there more than three minutes, it's "parked", not just "stopped" or "I'll only be a minute I'm droping something off over there".
(3) Das Parken ist unzulässig...
2. wenn es die Benutzung gekennzeichneter Parkflächen verhindert
You can't park where it would block the se of a normal, marked parking space
Should the (supposedly) obstructed driver
STFU! There is no "supposed" or "alleged" about it. Your piece of shit friend double-parked and blocked someone else. You've admitted it and I've quoted the fucking law which agrees.
Should the obstructed driver call the police instead and have my friend simply fined and his car removed
That's up the the person who your scumbag friend blocked. If he had time to waste, sure. But who the fuck is your arrogant asshole friend to decide whether or not someone else can or can't wait? The law says it's not your scumbag friend's decision.
this whole episode was 5 minutes long
Who's to know? Did your friend leave his handy-number on the windshield in big fucking writing so the people he blocked could see and call? Apparently not.
can anybody simply write down the license plate number of a car and get the name and address of its owner?
Your lawyer can -- it requires some paperwork.
to assume that he was necessarily minding his own business, that is something that would have need to be proved.
Nope. Wrong. The shitbag selfishly double-parked and blocked someone else. Maybe the blocked person had to leave in a hurry to pick up a sick child. You don't know and it doesn't matter.
to assume that he was necessarily minding his own business, that is something that would have need to be proved.
Nope.
The driver could even have asked the service at the airport to call the driver on the loudspeakers - he had the license plate number - they do this in supermakets and stores continuously:
The MUC Airport isn't a supermarket and your self-centered friend who couldn't be bothered to fuck off to short-term parking and cough up €2 to park legally wouldn't have heard the announcement on the can anyway.
nobody damages his car to get out just because he cannot find the driver boxing him!!!
Welcome to Germany.People think differently here.
What I find unreasonable... how can somebody ask for damages that he did himself on his own car and on his own accord, just trying to get out before calling the police to get the car removed and making absolutely sure the other driver could not be found.
Fuck that! It can take the police an hour to arrive to a non-emergency situation. Your piece of shit friend could have parked legally (there's enough parking at the airport) but selfishlly chose instead to block someone else, leave no warning, making no contact info clearly available, and leaving the driver of the other vehicle with little recourse other than the possibility of waiting an hour.
Unless the other driver who wanted to leave was in a life threatening situation
It's not up to your friend to determine someone else's schedule or tthe importance of someone else's activities.
who says that the other driver did damages to his car in another situation/another place and is using this situation to pay for them?
No one. It's quite possible that this is, in part, the stuation. Unless you can prove that the damage wasn't caused by that person trying to get out, tough shit.
woof.
Look, if you want to double park don't do it in Germany. Go to Italy where its perfectly acceptable
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