Private parking charges on publicly accessible land in Switzerland are coming under increasing criticism – fuelled by stricter case law and political initiatives. For the reputable parking sector, this is a question of credibility and of its ability to operate in the future, says the Swiss parking association ParkingSwiss.
Parking management is a legitimate service: without monitoring, rules are ignored, spaces are blocked and those who pay are disadvantaged. Operators may penalise infringements and charge actual costs. That basis comes under strain where individual operators over-extend these measures and use parking policies primarily to maximise revenue.
The legal framework
- Federal law: Under the landmark ruling BGE 148 IV 30, an area open to an indefinite group of people is a public road under the Road Traffic Act (SVG), regardless of ownership. Whether civil law instruments such as court injunctions (Art. 258 ZPO) remain permissible on purely private, publicly accessible land has not been conclusively clarified and is handled inconsistently across cantons.
- Cantonal courts: In 2025, the Bern High Court ruled that a conviction for breaching a court injunction is ruled out if the injunction serves commercial interests beyond protecting possession. “The injunction is a protective measure, not a debt-collection tool.”
- Proportionality: In 2014, the Federal Supreme Court assessed administrative costs of 52 Swiss francs. Claims must reflect actual, verifiable costs; general operating or monitoring costs cannot usually be passed on to individual cases.
- Access to data: In January 2025, the Aargau Administrative Court ruled that road traffic authorities may disclose vehicle owner data to private operators if a sufficient interest is demonstrated. A motion in the National Council now seeks to exempt commercial car park management from this right to information.
Recommendations for reputable operators
- Correctly obtained, clearly signposted signage
- Proportionate claims instead of escalating late payment charges
- No criminal charges to enforce civil claims
- Transparency on tariffs and evidence
- A clear separation between parking management and debt collection
Automated, barrier-free systems
Camera-based parking systems without barriers are spreading in Switzerland. Damien Zuber, President of ParkingSwiss, sees advantages – better compliance, higher fee revenue, lower staff costs – but also high investment costs, complex data protection requirements and the need for strict compliance with the Road Traffic Act. Under Swiss law, fines may only be imposed by the police or the competent authorities. Motorists should check for official signage under the Road Signage Ordinance (SSV) and contest payment demands that do not come from the police or a judicial authority. Operators should be wary of offers of “free” enforcement, as costs are then usually passed on to users.
ParkingSwiss sees itself as a centre of excellence for best practice and will help shape binding, proportionate rules – because legal uncertainty harms reputable operators most.
Photo: © ParkingSwiss. Source: ParkingNews 1/26
This article first appeared in Parking Trend International, issue 3-2026, the magazine of the European Parking Association. Read the full issue online.