Contractual penalties

Contractual penalty

Law of Obligations § 158. The definition of a contractual penalty

240px-Emblem-paragraph.svg

(1) Contractual penalty is the obligation of a party who has violated the given agreement, to pay the injured party the sum of money specified in the contract.

(2) The conditions enacted with the contractual penalty shall also be applied to an act, which a party who has violated the agreement, must do in the interests of the injured party.

 

Contractual penalty is a contractual sanction for a breach of the contract, i.e. the obligation of a party who has violated the contract to pay the injured party the sum of money specified in the contract. A contractual penalty differs from a penalty made by a traffic inspector of the local government by the fact that it is not a sum of money appointed by an administrative body and designated to be paid to the account of local government, but the obligation of a contract between private individuals.

You can sometimes escape from parking fees using legal tricks, however, it is best to pay the fine. If you park the vehicle in a private car park, have no permission to do it or don’t pay the parking fee, it would be right and fair to pay the contractual fee. However, if the above facts are debatable, contestation should be immediately taken into consideration, by capturing the situation using a camera or a phone.

Parking supervision

The experience of companies involved in the services of parking have shown us that the installation of traffic signs is not enough to achieve the desired result. Parking is a part of the traffic culture ruling the roads and streets. Therefore, parking supervision is an important activity – performing parking control. In the course of this it will be checked whether the vehicles are parked in accordance with the established parking conditions.

Parking supervision is carried out at random, according to the conditions agreed in the Service Contract, 24 hours a day.

Supervision is carried out by inspectors of PLC Parkit on private properties, whose owners have signed a Service Contract with us, and whose holding’s parking area is marked with appropriate traffic signs and with an information board describing the parking conditions. The inspectors will form a contractual penalty receipt in cases when the vehicle is missing or the certifying parking card has not properly placed, the car is parked in a place not intended (for example, a yellow line, pavements, traffic obstruction).

When not paying for parking in a paid parking area or ignoring the requirements related to special conditions of parking (for example, not marking the starting time of parking).

The receipt shall be sealed in a 10X15 plastic sleeve and placed on the windshield of the driver’s side of the vehicle.

Koostööpartnerid: