Challenging a no-stopping fine: objection, appeal and when it is worth it
Introduction
You have received a ticket for stopping where prohibited, but the sign was hard to see, the advance notice period was too short, or you were not the driver at all. Is it worth lodging an appeal? Here you will find out what legal remedies are available, what deadlines apply and when your chances are good.
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Warning notice vs. Bußgeldbescheid
First: Which document did you receive?
Warning notice (ticket)
- Amount: Up to 55 €
- Deadline: 7 Tage to pay
- Information on legal remedies: None (pay or take the risk)
- If you do not pay: A Bußgeldbescheid follows
Bußgeldbescheid
- Amount: From 55 € or after an unpaid warning notice
- Deadline: 14 Tage for an appeal
- Information on legal remedies: Yes (note about the option to appeal)
Appeal against the Bußgeldbescheid
Deadline
14 Tage from service of the Bußgeldbescheid. The deadline starts on the day after service (not on the day of service).
Form
- In writing (letter, fax, email, depending on the authority)
- Addressee: The Bußgeldstelle named in the notice
- Content: Reference number, name, address, grounds
What happens after the appeal?
- Bußgeldstelle reviews the appeal
- Upheld: Proceedings are discontinued
- Rejected: Case goes to the Amtsgericht
- Amtsgericht decides (with or without a hearing)
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When is an appeal worth it?
Good chances
| Reason | Why it is likely to succeed |
|---|---|
| Sign not visible | Obstructed, twisted, too high – photo as evidence |
| Sign put up incorrectly | Wrong side, missing arrows, damaged |
| Advance notice period too short (temporary) | Sign was up for less than 72 hours |
| Wrong number plate | Mix-up by the Ordnungsamt |
| Not the driver (for a fine) | Use the witness questionnaire |
| Expired order | Authorisation had already expired |
Poor chances
| Reason | Why there is little prospect |
|---|---|
| "I didn’t see the sign" | Driver’s personal responsibility |
| "I was only in there briefly" | Time measurement by the Ordnungsamt |
| "Everyone else parks there too" | No legal basis |
| "I had no alternative" | Necessity only in extreme cases |
Gather evidence
If you want to challenge it, you need evidence. Collect it immediately, not weeks later.
What you should photograph
- The sign: From the front and from the driver’s position
- Visibility: Is the sign obscured (branches, other signs)?
- Location: Where exactly was your car parked?
- Distance: Distance between the sign and the parking position
- Date/time: In the photo timestamp or with a daily newspaper
Additionally, for temporary no-stopping zones
- Date erected: When was the sign put up?
- Additional sign: Does the period match the authorisation?
- Damage: Has the sign been knocked over or moved?
Costs and risks
Appeal without a lawyer
| Item | Costs |
|---|---|
| Appeal yourself | 0 € |
| If rejected → Amtsgericht | Court costs 50–200 € |
| Risk | Fine + court costs |
Appeal with a lawyer
| Item | Costs |
|---|---|
| Lawyer’s fee | 150–500 € |
| Court costs | 50–200 € |
| Risk | Lawyer + court + fine |
Rule of thumb: For fines under 55 €, a lawyer is rarely worth it financially. For fines with a point in Flensburg (from 60 €), it may be worth it.
Special case: challenging towing costs
If your car was towed away, the costs are significantly higher (150–300 € + storage). In that case, an appeal is more likely to be worthwhile:
Good reasons against towing costs
- Lead time not complied with (less than 72 hours)
- Sign not present at the time of parking
- Proportionality: No obstruction, purely an administrative offence
- Formal errors: Authorisation expired, wrong area
Where to challenge it?
- Objection with the competent authority (Ordnungsamt)
- Deadline: Usually 1 month after the cost notice
- Verwaltungsgericht as the next instance
Frequently asked questions
Do I have to fill in the witness questionnaire?
No. You are not obliged to name the driver. But: If you do not reply, the authority can order a driving logbook.
Can I lodge an objection against a ticket on the windscreen?
Not directly. The ticket is a warning. If you do not pay, a Bußgeldbescheid follows, and you can then lodge an objection against that.
What is the difference between Einspruch and Widerspruch?
- Einspruch: Against a Bußgeldbescheid (law on administrative offences)
- Widerspruch: Against an administrative act, e.g. a notice of towing costs (administrative law)
How long does an Einspruch procedure take?
2–6 Monate until the decision by the Bußgeldstelle. If it is forwarded to the Amtsgericht: a further 3–12 Monate.
Summary
- Deadline: 14 Tage for an Einspruch against a Bußgeldbescheid
- Good chances: Sign not visible, notice period too short, formal errors
- Poor chances: "Didn't see it", "only briefly", "everyone else does it too"
- Evidence: Take photos immediately - sign, visibility, location
- Costs: Einspruch itself without a fee, but a risk if it is rejected
- Towing costs: Higher amount = Einspruch more worthwhile
Related Tips
- No-parking prohibition penalty, fine and towing
- Mobile no-parking prohibition notice period
- Putting up no-parking prohibition signs - rules