Why ParkGuard issues a claim.
On a private parking area it is not the Road Traffic Act that applies but civil law. The owner sets the conditions, they are signposted on site, and anyone who parks there accepts them tacitly.
Parking without authorisation on private ground can give rise to claims under civil law. The party entitled to the parking space may protect their possession against unauthorised use and claim the effort caused by the specific incident.
The Federal Supreme Court has confirmed this practice several times — while making equally clear that only effort actually incurred may be charged.
The claim is therefore not an official fine but compensation under private law for the effort attributable to the specific case.
Legal basis and sources
- Art. 926 Swiss Civil Code — protection of possession
- The possessor is entitled to repel any act of usurpation or interference.
- Art. 41 et seq. Swiss Code of Obligations — damages
- The basis for compensating the effort actually incurred.
The individual items of your claim are listed separately in your case.