Control & Collect

Control & Collect

It happens time and again that car owners receive letters from dubious companies demanding payment for alleged illegal parking in private parking lots. Often, the supposed violation occurred months ago and refers to parking spaces that were not even marked as private.

Must the fine for illegal parking be paid?

Those affected rightly ask themselves: Is this a legitimate demand? Must it be paid? What happens if the letter is ignored? In most cases, the answer is relatively simple: No, the demands do not have to be paid. However, the payment request should not simply be ignored either. Crucial factors include the specific parking situation, whether general parking regulations apply on-site, and the breakdown of the demanded costs.

How does Control & Collect work?

Control & Collect AG is a service provider specializing in private parking enforcement and debt collection. Parking lot operators can use its services to document unauthorized parking and pursue resulting claims. Affected parking areas include, for example, customer parking lots, private parking spaces, parking areas in front of shops or medical practices, and rented parking spaces.

Control & Collect AG operates an app that can be used to record vehicles and their license plates if they are allegedly parked illegally in private parking spaces or blocking access to such spaces. The owner of the parking space can photograph the vehicle and report the incident via the app. Control & Collect AG then identifies the registered owner and contacts them.

This letter then refers to the illegal parking of the vehicle and also threatens legal action for failure to act. However, the letter usually initially only contains monetary demands in the form of an out-of-court settlement. These typically include the following items:

Increased parking fee: Between EUR 20.00 and EUR 50.00

Vehicle owner identification fee: EUR 15.00

Settlement fee analogous to No. 1000 VV RVG: EUR 77.25

Flat fee for postage and telecommunications analogous to No. 7002 VV RVG: EUR 15.45

Including VAT of 19 percent, the final gross amount due is over EUR 150.00.

What costs can Control & Collect charge?

An increased parking fee can be charged if there was a contractual agreement to that effect. For example, if the parking transaction was based on a corresponding parking space contract with terms and conditions (similar to parking in a parking garage). In the vast majority of cases, however, such an agreement does not exist.

The costs of determining the vehicle owner can generally only be demanded from the driver and not from the registered owner who has been contacted.

The settlement fee and the flat rate for postage and telecommunications are only incurred if the contacted vehicle owner is willing to reach an agreement. However, experience shows that this is usually not the case.

What happens if the letter from Control & Collect AG is ignored?

If the letter from Control & Collect AG is left unanswered, a letter from a law firm, Lectio Rechtsanwaltsgesellschaft mbH, usually follows. This firm then demands a cease-and-desist declaration and payment of their legal fees in the amount of EUR 231.87. If there is also no response to this letter, further payment demands will be sent by a debt collection agency, claiming the legal fees and other costs.

Is it necessary to submit a cease and desist declaration?

Whether a claim for injunctive relief exists must always be examined on a case-by-case basis. In the majority of cases, it can likely be assumed that it does. However, there are also cases in which no such declaration needs to be submitted. In any case, the cease-and-desist declaration from Lectio should not be signed without careful review. It is therefore advisable to examine precisely whether a claim for injunctive relief exists. If so, a cease-and-desist declaration should be submitted, as such a claim could, if necessary, be enforced in court.