Parking Attendants are not authorised to annul Penalty Claims and their salary does not depend on the amount of Penalty Claims issued. Clients may submit objections in respect of the applied penalty within 14 days from the date the penalty claim was issued by filling a complaint form at EP’s webpage. Not submitting objections within that time will be considered as an acceptance of the duty to pay the penalty mentioned. If the penalty payment is not paid within the due date, the collection of the penalty payment as well as the expenses related to the late payment will be transferred to the authorised dept collection company.EP’s activity originates from local legislation. The service model offered by us has gone through thorough and impartial legislative close study to assure the adequacy with the legislation acts in all our general actions.
Besides applying a contractual fine EuroPark also has the right to tow your vehicle away. Towing expenses are 105€. Starting from the fourth day a parking fee of 14€ per day is added to this sum.
A contractual penalty is the obligation of a contract party in breach to pay the party harmed an agreed amount of money as set down in the contract. A contractual penalty differs from a fine decision issued by a local authority parking warden in that a contractual penalty is not served by an administrative authority and payable to the account of a local government but an obligation arising from a contract made between private persons (EP and its client). The difference between a contractual penalty and a fine imposed as a punishment for a misdemeanour is that the above penalty is a contractual sanction for being in breach of the contract as opposed to a fine ‒ a punishment the objective of which is to restrict violations of public order which only an official has the authority to levy.
A contract is an agreement between two or more parties who both promise to perform or not to perform something. A contract is considered concluded when both parties have expressed their intention through action, among other things, that indicate such intention. This means that a contract is concluded not only when a person signs a written contract but also when a client parks a vehicle in a fee-paying parking area after having had reasonable opportunity to read the contract responsibilities at the entrance. When a client parks a car, he/she agrees to be legally bound, and the contract is deemed to have been concluded from this moment.
The terms and conditions of the contract available on the information board are considered standard terms (terms that have been developed to be used in standard contracts or terms that the parties have not separately negotiated for some other reason). EP uses standard terms and conditions because the company has to conclude a large amount of parking contracts and negotiating the terms with each client is not possible. The standard terms and conditions form a part of the contract if a party to a contract using these terms and conditions (EuroPark) has clearly referred to them before concluding the contract and the other party (client) has had an opportunity to be aware of their contents. This is why the contract terms and conditions are displayed at our car park entrances so that each client can understand the nature of the contract or its terms. If a client does not agree with these terms, he/she has the option not to park his/her car in our car park.
When concluding a contract, a client agrees with the terms and conditions of the contract, including the clause to pay a contractual penalty in the event that he/she breaks the contract (for example does not pay the parking fee). A contractual penalty is not a penalty or fine enforceable under public law and levied only by a parking official, but a contractual obligation agreed upon between private persons. According to the agreement, EP can require the obligation to pay a contractual penalty to be complied with if a client is in breach of the contract.
The idea of the contractual penalty is to ensure that the requirements of the contract are met and to avoid possible future contract violation. This must be kept in mind when determining how big a contractual penalty to establish. For understandable reasons, the penalty has to be higher than the applicable parking fee. While the fine the officials are authorised to levy is 31 euro a day, the contractual penalty set by EP is 30 euro.
Parking can be organised by a local government or private person depending on the ownership of the property used as a car park. An owner of an immoveable has the right to hold, use, and dispose of it as he/she sees fit. The right to use an immoveable includes, for example, providing parking services, and the right of disposal of immovable allows for it to be rented out so that a third person can provide parking services on this land. EP has concluded rental contracts with the landowners and offers parking services there with their consent.
We apply the car owner liability assumption. Usually, the owner is driving the vehicle but even if this is not the case, the owner has to know in whose possession his/her car is at all times, including at the time parking terms were contravened. The vehicle’s owner can inform EP of the person driving the car at the material time and free himself from the liability. Similar liability assumption is applied in public parking areas if people violate the parking rules there.
Further information on private law contracts and the abovementioned issues can be found in the Law of Obligations Act, Law of Property Act, and Traffic Act (available online at www.riigiteataja.ee).