Parking ticket from our private garage

Hi all,

I'm in a tricky situation. I usually go to work by velo, but from time to time (1-2 times a month) I go by car. The office has Besucher parking spots in a private garage in our building and I used them whenever come by car. (People who come by car regularly pay for a private parking spot in the same garage, but for me it does not makes sense, so I use the Besucher spots.). If it matters: the Besucher spots are accessible without a barrier/ticket machine, the private spots are behind a gate.

In the past several years I never had a problem. But this Monday I got a ticket on my windshield. I contacted the HR of our company next morning and it turned out that the parking system has been changed, the building maintainer contracted with parkon.ch, they control the parking areas now. According to the new system I am supposed to register my plate on their website every day I come by car, which I obviously did not do. They also put out signs in the parking area, but I missed them, they were in German, and since I am only an occasional user, I did not notice that they are new, I thought they were there forever, I simply passed by them.

My employer also notified us just on that day, I was complaining. They sent an email everyone about the immediate change, and the dedicated link for our company where we are supposed to register the car.

I contacted parkon.ch and kindly asked them to waive the fee. I reasoned about the fact I was a valid user of the spot, since I came to my workplace, so I was a real "Besucher" of my company, I was not a stranger who needed a free spot in the city. I also reasoned about the fact, that we were notified about the change after I was charged, and it is just not honest to punish someone before the information of the change is distributed. They do not (want to) understand the reasons, we already changed several mails.

My question is, what are my options now? Obviously I can pay the fee and forget it, it would not hurt me too much (the price of a tank of gasoline), but I would feel angry and mad about the situation. I also consider the parkon.ch guys unethical thiefs, and I do not want to raise their incomes by a single rappen.

So what happens if I decide not to pay? What are their options, and what are mine?

Thank you for your help!

Simple answer, pay up, take it as a good lesson and then follow the new rules.

More painful, keep fighting with them and then they may issue a claim which will be much more painful.

you're an employee, not a visitor. just pay the fine.

But he said he's allowed to park there if he registers his plate!

I would ask the company to try and get the fine waived. It's not really Parkon's problem, they're doing what they're paid to do. Maybe your company can have the fee waived, or reimburse you, since they only notified people about the change after you got fined.

Different institution but I think this more or less covers it

Exactly. At my company, I am entitled to free parking if my commute to work by public transportation takes more than 45 minutes. Otherwise, I have to pay for the parking space out of my own pocket. There is a whole floor of guest parking spots in the garage, but company employees are not considered guests. Guest spots are behind the gate and it often happens that security stands at the gate and asks the reason to visit.

Where I work visitor spots are reserved for e.g. sales reps or repair workers. Employees are not allowed to use them.

You are not a visitor. If your company allows you to park for free, that would have to be in your contract, as it is a benefit that has a clear monetary value. If anything, the previous situation was atypical.

Pay the fine and move on with your life.

Are you aware that there are good chances that OP works from a company that is not your company? OP clearly said that they could use the spot if they register the plate, so the problem is only the fact that the plate wasn't registered. How it works at your company is irrelevant

First, I wonder where the fines paid go to? Is it a split between your company and Parkon, or do Parkon get the full amount??

You ask what you could do, and everyone here says pay it and move on. A sentiment with which I agree to be honest. Maybe you can put it into your expenses and they will reimburse it - though frankly I doubt they will!

However, since you ask, and its not been answered, here's what you could potentially do if you can be bothered.

Forget emails - send a registered letter to both Parkon and HR where you work. Make sure both know they are on copy.

Keep it concise and state you were only made aware of the new situation after the fine had been issued. Copy the email received and the ticket, clearly showing the timeline, and include with letter.

Mention any other points that are strictly relevant - but keep it as brief as possible.

Finish the letter with the fact you will not pay this fine and will fight it as it's unjust.

Now, one of three (possibly four) things will happen.

1. Your company will pay or reimburse you.

2. Parkon will cancel the fine.

3. Or, they will give it to a debt collector or after several reminders give it to the Betriebungsampt. You will then have your day in arbitration and then if no agreement - court. Make sure you have a good lawyer.

Oh, and the 4th option, your employer will fire you!!!

I would suck it up and pay. Ignoring things doesn't usually stand in courts.

Not so. I've had Swiss employment contracts where I had a parking space. It was not in the contract.

+1

Same.

How long ago? It only became an issue at my former workplace in approx. 2016 and obviously, it also varies from canton to canton. If you think about it, providing you with a parking space that would habitually cost an amount of N while employees who come to work with other means don't get that privilege means you get paid more. So it makes sense to regulate it somehow.

Thank you for the thoughts of everyone who contributed.

I'm not afraid of getting fired, I'm just too valuable for the company Apart from that I'm not looking for a reimbursement from my employer, so I am not going to ask one. (However I believe our HR also had some responsibility in the situation, I believe they broadcasted the information about the new system late, and I'm sure I will bring this topic on the table at the next feedback opportunity)

As I already mentioned, fortunately I can afford the fine, it's not the reason I do not want to pay it. It's more a moral thing for me:

1. I believe I am a legal user of the spot, my only guilt is: I was not aware of the new administration rules

2. Parkon.ch people seems to be real ******** during the communication, and I do not want to support the income of such a terrible company. It's similar like if I know that a cloth brand company employs young children somewhere in Asia to produce the clothes, I just do not shop their products, because I do not want to give a penny to that company to grow and become successful, because in that case that practice will spread.

Just one more comment, however it is slightly off topic. I can understand that many of you are not allowed to use your employers' visitor spots. This is not the case at my company (however it is not in our contract, it was clearly communicated). We have several spots, and occasional users are free to use them, there is enough left for "real" besuchers too. (Regular drivers are expected to rent a private spot in the same garage).

I do not know the history, but I guess it is developed like that because of the circumstances: there is no other real option for occasional users. The company is in a blue zone, so in the neighborhood all streets have either limited time parking opportunities (with disc), or no parking possibilities at all. There are no public garages neither in the neighbourhood. Our only opportunity is the private garage of our building, which have 2 kind of spots: the besucher ones (free access), and the rented ones (that is behind a gate, needs a key-card.) No public parking is allowed here neither

I have always had unlimited free parking at work, with up to five cars being parked there (800m from home)

It was NOT on the contract (which was verbal)

Tom

Which say what?

Visitor spots are usually time limited, like 2 or 4 hours. The problem probably isn't that you used one, but that you exceeded that limit. Pay up and book it under experience.

Sorry, it’s not a tricky situation . While the amount in question has never been stated (petrol prices of late?), I posit that you should either question the communication skills of your employer or your eyesight/attention to signs posted in really strange languages... seriously, German?