The Parking Complaints Board has made an important decision in this case, where they equate a 30-moped / scooter with a “bicycle with an auxiliary engine”. This means that the parking company was forced to cancel the fine because no “vehicle” was parked.
The fact of the matter
Complainants park in an area where the signage states that:
“Control fee of DKK 750, – imposed for violation of the signposted conditions for registration of the vehicle or with a parking permit.”
Complainant has not purchased a parking permit, but chooses to park his scooter / moped at the bike racks.
Complainants write that:
“It is a small moped, ie. moped 30. This is equated with a regular bicycle. Parking was done on the other side of bicycle parking The parking was not to the inconvenience of others. a moped is, cf. the police, to be regarded as a bicycle, ie. it must ride on the bike path and follow the same rules as a cyclist. At the same time, this means that it cannot / must not accommodate a stall reserved for other vehicles. ”
Complainants believe that because a moped, cf. the Traffic Act, is equated with an ordinary bicycle, he is not allowed to park in the parking bays with the other cars. He also believes that it is important that parking is not a nuisance to others.
APCOA PARKERING A / S believes the opposite:
“… That the signage clearly states that the provisions cover ‘all vehicles’ and the complainant’s motor vehicle is therefore also covered by the signage provisions…”
The decision of the Parking Appeals Board
The decision of the Parking appeals Board
“According to the wording of the signage and the layout of the area with a bicycle rack – and since the vehicle can be equated with a bicycle with an auxiliary engine – it is obvious to exempt the vehicle from the signposted parking conditions in the area.
Thereafter – and since the complainant’s understanding of the signposted conditions has had the necessary addendum – the vehicle has not been parked in violation of the signposted conditions, and the inspection fee has therefore not been issued correctly. ”
The majority of the Parking Complaints Board hereby equates a moped / scooter with a bicycle. This means that the park ranger has not parked in violation of the signage terms. It is uncertain whether complainants would avoid having to pay the tax if a bicycle rack had not been set up.
We therefore recommend that if you have the opportunity to complain about a similar charge, if a bicycle rack has been set up and you have parked with a moped. You should also read the signage. The parking company may change the terms so that mopeds are also covered by parking permits.
If you have received a parking fee on the basis that you have not purchased a parking ticket for your scooter, we always recommend that you complain.
What about motorcycle?
If you own a motorcycle, then we will always recommend you to pay for the parking time. We can see from previous judgments from the Parking Complaints Board that the following wording will always apply to motorcycles:
“Parking disc required” and “Parking only allowed with a valid parking permit” thus apply to any vehicle. “
This wording is standard and is used on most parking signs.