In this blog post, we answer the 10 most important questions to show how safe and easy it is to park without barriers from a legal standpoint:
- How does barrier-free parking work from a legal standpoint?
- What is included in this contract, and what should you look out for?
- No barrier means free parking?
- What is the grace period, and what role does it play?
- Why is the penalty higher than the regular fee?
- How is the amount of a contractual penalty calculated?
- Who is liable if I lend my vehicle to someone?
- What personal data is stored? Is this in compliance with the law?
- Why is Mobility Hub, as a private institution, able to impose a contractual penalty?
- How does the collaboration with the Federal Motor Transport Authority (KBA) work?
How does barrier-free parking work from a legal standpoint?
The legal basis is a type of lease agreement (contract of use) that is formed through implied conduct. Like any contract, the contract of use in digital parking is formed through an offer and acceptance:
- The operator’s offer is clearly indicated by the signage at the entrance: I have a parking space and I am offering parking there subject to certain General Terms and Conditions of Use (GTC, including license plate recognition and payment of the parking fee).
- Driving onto the lot and parking the vehicle constitutes acceptance of this offer by the person parking: Yes, I would like to park here and accept the terms of use.
This creates a legally binding contract for the use of the parking space under the terms and conditions posted on-site. Scanners are used to record the times of entry and exit in order to determine the exact duration of parking, which serves as the basis for the payment process.
What is included in this contract, and what should you look out for?
Upon entering the parking lot, the posted General Terms of Use (GTO) and the privacy policy become an integral part of the contract. These rules cover aspects such as payment processing, rules of conduct on the premises, and services provided by the operator. There is no legal requirement that these terms be fully legible while driving by. What matters is that their existence is clearly indicated at the entrance. After parking the vehicle, you have the opportunity to review the details at your leisure on site.
No barrier means free parking?
The absence of a physical barrier does not exempt parkers from the obligation to pay. Failure to pay the parking fee constitutes a violation of the terms of use. The General Terms and Conditions of Use stipulate a contractual penalty for this situation.
What is the grace period, and what role does it play?
After entering the lot, a specified grace period is granted during which no parking fee is charged. This period allows you to get your bearings in the lot or look for an available spot. If you leave the lot within this grace period, as specified in the Terms and Conditions, no charges will apply. However, if this period is exceeded, the entire duration is considered a parking session. In this case, the definition of parking under § 12 of the German Road Traffic Regulations (StVO) does not apply; rather, the contractual use of the provided private parking area applies.
Why is the penalty higher than the regular fee?
The amount of the contractual penalty (increased usage fee) serves as compensation for the significant additional costs incurred as a result of non-payment. Unlike administrative fines, there is no fixed government schedule of costs in this context. However, rulings by the highest courts confirm that these amounts may be significantly higher than the original parking fees in order to have a preventive effect.
The principle of proportionality always applies here: a contractual penalty may not be set in a completely arbitrary manner. It must be proportionate to the breach and the resulting costs. The amount of comparable fines imposed in the public sector serves as a point of reference in this regard.
How is the amount of a contractual penalty calculated?
The amount of a contractual penalty is not an arbitrary figure, but the result of an objective calculation. A major cost driver that does not arise in the public sector is the vehicle owner inquiry submitted to the Federal Motor Transport Authority (KBA). In order to determine the identity of the vehicle owner, fee-based inquiries must be made.
In addition to the costs associated with identifying the vehicle owner through the KBA, there are also postage and delivery fees for printing, enveloping, and mailing the penalty notice, as well as administrative costs for handling inquiries and providing customer service.
These cumulative costs explain why a private contractual penalty is often higher than a simple municipal fine. The principle of proportionality ensures that these surcharges remain moderate and primarily cover the additional costs incurred, rather than serving as a mere source of revenue.
The amount of the contractual penalty is also justified by its necessary deterrent function. It must be set at a level that provides an effective incentive to comply with the terms of use and makes deliberate non-compliance economically unattractive, in order to ensure the proper use of the space on a long-term basis.
Who is liable if I lend my vehicle to someone?
If the vehicle was not parked in the parking space by the owner themselves, there is what is known as a secondary burden of proof. It is incumbent upon the vehicle owner to investigate and clearly identify who actually parked the vehicle. If this is not possible, liability as a “disturber of the peace” applies, since the owner has control over the source of the disturbance—the vehicle. This obligates the owner to identify the driver and to refrain from further disturbances.
What personal data is stored? Is this in compliance with the law?
Data protection is our top priority. For the purpose of fulfilling the contract, we process only images of license plates, including timestamps. We do not take photographs of people or record video. The collection and storage of data are based on Article 6(1)(b) and (f) of the GDPR (contract performance and legitimate interest). Unless a violation of the rules has occurred, this data is routinely deleted after 48 hours, and the vehicle owner remains anonymous.
Why is Mobility Hub, as a private institution, able to impose a contractual penalty?
The authority to impose a contractual penalty derives directly from private law and the protection of property rights. To ensure the smooth operation of the facility, unrestricted parking is legally structured as a private-law contract of use. As the operator or as the owner’s authorized representative of a private parking area, the operator exercises what is known as the right of access.
From a legal standpoint, the payment demand is not an administrative fine (as in the case of public road traffic), but rather a contractual penalty under civil law. This penalty becomes due if the terms of the user agreement are violated. In order for Mobility Hub to enforce these claims, there are clear requirements:
- Clear signage: The rules must be clearly displayed at the entrance.
- Legitimate interest: In the event of a payment default, the operator has a legally recognized “legitimate interest” pursuant to Article 6(1)(f) of the GDPR. This allows Mobility Hub to submit a vehicle registration inquiry to the Federal Motor Transport Authority (KBA) in order to send the claim by mail.
While the police and the public order office are responsible exclusively for public spaces, Mobility Hub ensures fair conditions for all users on private property and protects parking spaces from misuse.
How does the collaboration with the Federal Motor Transport Authority (KBA) work?
The identification of vehicle owners is strictly regulated in the private sector. Mobility Hub operates within a clear legal framework to ensure fairness and legal certainty.
Why is Mobility Hub allowed to request data from the KBA?
Under Section 39 of the Road Traffic Act (StVG), the Federal Motor Transport Authority (KBA) may disclose vehicle owner information from the Central Vehicle Register if this is necessary to assert, secure, or enforce legal claims related to participation in road traffic. Since a violation of parking regulations gives rise to a civil claim, the disclosure of vehicle owner information is legally permissible and provided for.
How does the query process work?
If payment is not made within the specified time frame after parking, an automated request is sent to the KBA. Only the license plate number and the time of the violation are transmitted. The KBA then returns the data necessary for sending the payment notice (name and address of the registered owner).
What requirements must be met?
A query is never performed arbitrarily. It is always triggered by a specific violation of the rules, such as:
- Leaving the parking lot without paying the parking fee.
- Exceeding the maximum parking time.
- Parking in areas not designated for that purpose (e.g., emergency lanes).
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Is data protection guaranteed in this case?
Absolutely. Data transmission is subject to strict retention periods. The information transmitted by the KBA is used exclusively for processing the respective parking violation. Once the process is complete and payment has been received, the data is deleted in accordance with statutory retention periods. The collaboration with the KBA thus ensures that vehicle owner identification is carried out in accordance with the highest government standards and in compliance with all data protection guidelines.
Clarity builds trust
Barrier-free parking is much more than just modern technology. It is a balanced combination of digital convenience and clear legal guidelines. The goal is always the same: a seamless experience for everyone who uses a parking space, and a transparent process in the unlikely event that something is overlooked.
By combining intelligent license plate recognition, data protection-compliant processing, and close collaboration with official agencies such as the KBA, parking becomes exactly what it should be: simple, safe, and completely stress-free.
