2026 Declares War on "Parking Lot Scammers"

In the judiciary, the "parking lot scam" is to be at least curbed in the coming year. The government wants to remove the basis for intimidation lawsuits against drivers. Abusive vehicle possession disturbance lawsuits are thus to become unprofitable. There are also reductions in lawyer fees and court costs.

"Parking lot scam" will become more difficult in 2026

So far, some property owners have made a business model out of often serial threats of possession disturbance lawsuits. For short-term turning or parking of cars, several hundred euros were often demanded, even if there was no possession disturbance. Many affected paid out of fear of a lawsuit. Now a new special assessment basis is coming, which reduces the lawyer fee to 100 euros and is intended to make the business with possession disturbance unprofitable. Court fees will also be halved in certain cases. The possibility of a possession disturbance lawsuit remains fundamentally in place.

In the future, disputes over vehicle possession disturbances can be brought to the Supreme Court (OGH) in the instance chain. This option did not exist until now. From the perspective of the SPÖ-led Ministry of Justice, the reform creates legal certainty and protects people from exploitation. The new rules apply from January 1, 2026.

Conditional releases will be simplified in 2026

In the penal system, the new year brings relief in conditional releases from prison. From January 1, general preventive reasons - that is, the deterrence of the general public - are no longer sufficient to reject these. The potential danger of the specific person still speaks against a conditional release (special preventive reasons). In the future, panels will decide on the cases of persons with longer prison sentences. A judge will consult with knowledgeable laypersons from the penal system and probation service about the conditional release. The flow of information between the courts, public prosecutors, and the penal institutions is also to be improved.

In the case of conditional release, a probation period is set during which the affected person must not reoffend and must comply with instructions. If they do commit an offense, the remaining old sentence must be served in addition to any further sentence. Conditional release is the only form of supervision by courts beyond the prison term.

(APA/Red)

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