399 euro dispute

This is how the 399-euro rip-off was brought to its knees

The deserted parking lot on Marathonweg

(Bild: Jöchl Martin)

Success in the fight against the parking lot rip-off on Marathonweg in the 2nd district. At the beginning of July, a hearing was due to take place on the grounds of trespassing. But shortly beforehand, the plaintiff withdrew and is now even left with the costs. A first victory.

For months, blameless Viennese have been receiving letters from a lawyer. The reason: they have stopped by the abandoned property at Marathonweg 22 in Leopoldstadt at least once in recent weeks. In the letters, those affected are asked to pay 399 euros for driving on private property.

Otherwise, a lawyer threatens to sue for disturbance of property - the "Krone" reported several times. Some families have received dozens of these demands. Some have paid, others wanted to defend themselves against the "rip-off". This was also the case for the client of lawyer Thomas Breuss. She decided to take legal action.

Settlement attempts all failed beforehand
But right from the start: Breuss' client had also received a letter requesting payment - three times 399 euros. Then the legal battle began - which would ultimately end in a court hearing. The hearing was scheduled for July 5 - but it was never going to happen.

In this case, I would leave it up to a lawsuit - there is no legal basis. A lot of intimidation is used here.

Anwalt Thomas Breuss

Bild: Christina Häusler

Case raised many questions
What had happened? It's well known that lawyers don't exchange pleasantries before proceedings. But Breuss' letter to the opposing lawyer a week before the trial was quite something. The letter is available to the "Krone". Thomas Breuss: "This case raises many questions. On the one hand, it's about data protection because of the many cameras. Failure to comply could result in severe penalties. But it was also interesting that another client came to me in June with a new reminder letter, even though the lease had ended. If you pretend to still be the owner with the intention of enriching yourself so that you can sue, you are in breach of criminal law. We also pointed this out to the court." 

9500 euros

One victim received 24 letters. Each time, 399 euros were demanded. The father of the family was supposed to pay around 9500 euros.

The lease actually expired at the end of May. But there are also uncertainties regarding the plaintiff. Breuss: "According to the documents, the plaintiff listed should live on the parking lot."

Lawsuit quickly withdrawn
The other party's reaction? Breuss: "The lawsuit was withdrawn immediately. The plaintiff must now also bear the costs." What explanation does the lawyer have for the sudden withdrawal? Breuss: "The risk was probably too great and perhaps they also wanted to protect those behind the case. Those affected should take their chances with a lawsuit."