Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 5

If a parking sign does not clearly state that a parking ticket will be issued if the consumer types in the wrong license plate number into the parking app, there is no agreement regarding this pursuant to article 38 b of the Danish Contract Act. As long as the consumer can prove that he has paid for the parking, there is no ground for issuing a parking ticket.

Relevance: Applies the interpretation rule in consumer contracts.

The consumer parked in a parking lot where a sign said to pay for parking with the option of doing so through a specific app. The sign also said, that if the consumer did not pay, he would get a fine. The consumer paid through the parking app but typed in two of his license plate numbers wrong. The money was paid but registered to a wrong license plate number and therefore, the consumer was given a parking ticket.

The legal issue was whether the sign could be interpreted in a way that the consumer had agreed to pay a fine due to a typo when the money in fact had already been paid.

The sign did constitute a contract between the consumer and the parking company, but an interpretation of the contract did not encompass paying a fine in the case of a typo when the consumer had already paid for parking.

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Ingen resultater

Ingen resultater

The Court overruled the lower court decision that granted the parking company the right to issue a parking ticket to the consumer.

Through this judgement, the Court helps interpret article 5, Directive 93/13 relating to the interpretation of consumer contracts.