Typical excuses from illegal parkers — and how to still enforce your rights

Illegal parking on private property is a daily nuisance in Switzerland — for owners, tenants, property administrators and parking operators. The frustration is not only emotional but also involves real effort: securing evidence, keeper enquiries, communication with the illegal parker. Many ask themselves:

May I claim compensation (Umtriebsentschädigung) for this effort — even without a court ban?

The answer: yes — entirely legally. In this article you'll learn what Swiss parking-space owners should know and how to enforce their rights with legal certainty — without the police, without authorities.

What is an Umtriebsentschädigung?

The Umtriebsentschädigung is financial compensation for the effort caused by a vehicle parked unauthorised on private ground. It is based on the Swiss Code of Obligations (in particular Art. 41 OR — unlawful act) and typically includes:

• Photographing the vehicle
• Securing and documenting evidence
• Keeper enquiry at the road-traffic office
• Drafting and sending a demand letter

These activities cause time and administrative effort — and that can be compensated.

Is a court ban required?

No. A court ban is not required to claim an Umtriebsentschädigung. Unauthorised parking on a clearly recognisable private parking space is enough. What counts is the clear demarcation from public space — for example through markings, signs, structural boundaries or other indications.

Common excuses — and why they don't matter

"I was only there for five minutes."

The duration is irrelevant. As soon as someone parks without authorisation on private ground, a civil-law violation arises — whether for five minutes or five hours.

"I didn't see the sign."

Ignorance is not a defence. Ground markings, name plates or structural separation from public space are enough to recognise private use.

"Everyone parks here."

There is no customary right on private ground. Every violation is unlawful individually — even if others do it too.

"I had an emergency."

Only genuine medical or technical emergencies are exceptions. A quick errand or coffee doesn't count.

"My satnav sent me here."

Navigation systems don't release anyone from the duty to be aware of property boundaries and prohibition signs.

The right approach

1. Secure evidence

Photograph the vehicle with licence plate, location, time, signage and markings. The better the evidence, the easier the enforcement.

2. Obtain keeper information

As a private individual, you can submit a keeper enquiry to the responsible road-traffic office — with justification and documentation. The enquiry is permitted when there is a legitimate interest (e.g. to enforce a claim).

3. Issue the claim

Draft a letter with a clear breakdown of your effort, supported by photos and keeper data. Typical amounts are CHF 40–80, depending on scope.

Cession: assign your claim with legal certainty

If you don't want to handle all this yourself, you can assign your claim by cession to a specialised platform such as Falsch-Parker.ch.

What is a cession?

A cession (assignment of claims) is a contract that transfers your civil-law claim to a third party. The new creditor — e.g. Falsch-Parker.ch — then steps into your position and handles:

• the legal enforcement,
• the communication with the illegal parker,
• reminders, debt collection and payout.

💡 Your advantage: no effort, no costs — but on success, the compensation is paid out directly.

How high may the Umtriebsentschädigung be?

There is no statutorily fixed flat rate, but the compensation must be proportionate and justifiable. Typical amounts:

• CHF 40–50 for simple effort (e.g. documentation & keeper enquiry)
• CHF 70–80 for higher effort (e.g. reminders, repeat offences)

The compensation is not a fine but a civil-law damages claim.

What to do in case of non-payment?

1. Send a payment reminder. In writing, factual, with a deadline and justification.
2. Initiate debt collection. Through the relevant debt-collection office — when the claim is enforceable.
3. Assign the claim via cession. Platforms like Falsch-Parker.ch handle every step for you — efficiently and legally.

Conclusion

Illegal parkers on private property cause not only frustration — but real effort. Swiss parking-space owners have the right to defend themselves — even without a court ban, without the police, and without an "enforcement office."

With clear documentation, a structured approach and the option of cession, you can enforce your rights easily and without risk.