Barrier-free parking: legal principles & data protection simply explained

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The user contract as a legal basis

The central legal basis for barrier-free parking is a private use contract. This does not come about through a signature, but through so-called implied (conclusive) action.

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How exactly is the contract concluded?

As with most contracts, the usage contract for a parking space is also concluded through offer and acceptance:

• Offer = provision of parking space subject to clearly defined general terms of use (T&C) — visibly communicated via the signs at the entrance.
• Acceptance = Concluding by driving into the parking area and parking the vehicle on it.

This is how a legally valid contract is created — regardless of whether there is a physical barrier or not. Parking time is recorded automatically via license plate recognition and forms the basis for billing.

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Who are the contracting parties?

The two parties to the license agreement for barrier-free parking are, on the one hand, the user of the parking area (= parking provider) and, on the other hand, the provider of the digital parking system (= operator), whom you, as the owner, commission to manage your parking space.

For you as a parking space owner, this means that the contracted operator not only assumes operational processing, but also responsibility for the legally secure implementation of parking space management — including compliance with all relevant data protection requirements.

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Signage requirements and contract components

One of the most important requirements for legally secure, barrier-free parking is clear and easily visible signs. The decisive factor is that users must be able to recognize that certain conditions apply as soon as they enter.

The key elements of the contract include:

• General terms of use (T&C)
• Payment processing regulations
• Rules of conduct in the area
• Data protection information

Important: The complete content does not have to be readable “as you drive by.” It is sufficient if it is clear that conditions apply and that these can be viewed locally.

In addition, it is advisable to also place further information on the area itself and at central entrances. In this way, users are also made aware of license plate recognition, payment modalities and possible consequences in the event of violations — an important building block for transparency and enforceability.

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Goodwill periods as part of parking space management

Many operators deliberately rely on grace periods to increase user-friendliness. This short period of time makes it possible to drive on, orient yourself or move out again without incurring any costs.

Legally, this is not “parking” in the sense of road traffic regulations (e.g. the 3-minute rule according to § 12 StVO), but a purely contractually defined use of private space. If the grace period is exceeded, the entire stay is considered a paid parking process. Clear communication of this regulation in the General Terms and Conditions is crucial.

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The contractual penalty

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Function and legal classification

The contractual penalty — often referred to as an increased usage fee — is a central instrument in barrier-free parking. It performs two functions:

• Compensation for additional expenses incurred as a result of the infringement
• Ensuring smooth operation in accordance with the advertised terms and conditions

Important for the legal classification: It is not an official fine, but a civil claim based on the user agreement.

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costing

The amount of the contractual penalty is not arbitrary, but from actual costs. It should cover the actual additional costs incurred as a result of the parking violation and have a preventive effect. Typical components are:

• Owner investigation via the Federal Motor Transport Authority (KBA)
• administrative expenses
• Printing and shipping costs
• Processing inquiries and customer service

The principle of proportionality applies: The contractual penalty must be appropriate — the amount of comparable fines in public spaces serves as a reference point. At the same time, however, it may deliberately exceed the regular parking fee in order to have a deterrent effect. Supreme court case law confirms this practice, provided that the amounts are transparent and comprehensible.

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Legal basis

As a landlord or operator of the parking area commissioned by you, we at Peter Park act within the framework of property law. Claims are therefore enforced on a civil law basis.

A decisive advantage of barrier-free parking is the objective preservation of evidence. Since the times of entry and exit are documented via license plate recognition, typical sources of error associated with manual control are eliminated. This leads to significantly higher acceptance among users.

In order for claims to be successfully enforced, the following requirements must be met:

• Clear and transparent terms of use (T&C)
• A verifiable breach of contract
• A clean documentation of the parking process (entry and exit)

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Data protection and GDPR compliance

License plate recognition is an essential part of barrier-free parking and at the same time a sensitive area, as license plates are personal data. This does not mean that license plate recognition per se is illegal, but that it is subject to strict data protection regulations such as the General Data Protection Regulation (GDPR) and must be implemented accordingly.

In practice, this means:

• Only license plates with a time stamp are entered
• There are no video recordings or personal identifications
• Processing is based on Art. 6 para. 1 lit. b and f DSGVO (contract fulfilment and legitimate interest)

When used in accordance with the rules, the collected data is deleted within the legally prescribed 48 hours and the vehicle owner remains unknown. Only in the event of a violation will further processing be carried out to enforce claims. Should receipts be created (e.g. for payment of parking fees), the legal retention periods under tax and commercial law also apply to the payment data.

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Owner investigation via the Federal Motor Transport Authority

If there is a parking violation, the owner investigation is a central step in enforcing the claims. This is regulated by law and is based on Section 39 Road Traffic Act (StVG).

The prerequisites are:

• A specific breach of contract
• The need to enforce a civil claim

The process is clearly structured:

• Transmission of license plates and date of infringement
• Feedback of holder data for delivery of the claim

Important: Data processing is strictly for a specific purpose and is carried out exclusively to process the respective case.

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Conclusion: Legal certainty as a basis for efficient parking space management

Barrier-free parking offers parking space owners a legally reliable and economically efficient solution for managing private spaces. However, proper legal implementation is a prerequisite — in particular when it comes to signage, contract drafting and data protection. This responsibility lies with the operator commissioned by the parking area owner (such as Peter Park).

Implemented correctly, the model allows you to:

• Automated processes without physical infrastructure
• Legally secure enforcement of contractual penalties
• Transparent and fair conditions for all parties involved

This makes barrier-free parking a sustainable solution for modern parking space management, not only technologically but also legally.

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