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Office of Competition and Consumer Protection

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Parking spaces near shopping centres - decision of the President of UOKiK

< previous | next > 12.07.2021

Parking spaces near shopping centres - decision of the President of UOKiK

UOKiK has received numerous complaints about the rules and regulations related to parking spaces that are located near Aldi and Biedronka stores.

The management of those parking spaces - TD System - has violated the collective interests of consumers by refusing to accept legitimate complaints - stated Tomasz Chróstny, the President of UOKiK, in the issued decision.

The Office of Competition and Consumer Protection (UOKiK) has received complaints about irregularities in the operation of parking spaces that are managed by TD System, located near Aldi and Biedronka stores. The parking space can be used free of charge for the first 60 or 90 minutes as long as the consumer collects a parking ticket and places it behind the windscreen. In the case the consumer failed to do so, the parking management charged the customer either PLN 90 or PLN 150.

According to the complaints, there was an additional fee imposed even if the time allotted for free parking had not expired yet. Persons, who had collected a parking ticket but did not place it behind the windscreen of their vehicle were asked to pay the extra fee. The consumers did not place the ticket behind the windscreen for various reasons, such as: the consumer instinctively put the ticket in his/her pocket or wallet and went shopping, did not manage to return from the parking meter before he/she was asked to pay the extra fee, the ticket slipped onto the seat, etc. Such conduct of the management of TD System aroused doubts of the President of UOKiK.

This is the way the situation was described to the Office by consumers in the case of whom TD System refused to cancel the demand to pay the fee:

"Yesterday (28 February 2020), for the first time in my life, I went shopping to ALDI in Pszczyna (...). I collected the ticket from the parking meter and left it in the car, on the driver's seat - it was dark and this particular spot was best illuminated by a street lamp. When I come back from shopping, behind the windscreen wiper of my vehicle, there was a note saying that I had to pay a fee as I did not have the ticket to use the parking space".

"On 27 April 2019, I parked my vehicle in the car park: Kraków Łokietka Biedronka, to do some shopping. After collecting the ticket to use the parking space (hrs. 13:44:14) I returned to my car where, behind the windscreen wiper, I found a note asking to pay an additional fee, issued at hrs. 13:45. The time of 46 seconds is far too short to read the parking regulations and to return with the parking ticket to the car which is located at the other end of the car park".

The President of the Office of Competition and Consumer Protection found out that TD System refused to cancel the fees even though the consumers had collected the ticket but did not place it behind the windshield of their car.

 We are not disputing the ticketing requirement with relation to parking spaces located near shopping centres, however, the lack of fair and honest treatment of consumers who made complaints and were able to prove that they had collected the tickets. In the above-mentioned situations, TD System should give the consumers an opportunity to provide explanations and take the complaints into account. Meanwhile, the consumer's proving that he/she had collected the ticket and went shopping to the store was not enough for TD System to cancel the extra fee  - says Tomasz Chróstny, the President of UOKiK.

TD System responded to the complaints in the form of standardised letters, without analysing the facts and evidence provided by the consumers, and only stated that the consumers violated the regulations of the car park. 

Tomasz Chróstny, the President of the Office of Competition and Consumer Protection (UOKiK), stated that TD System, by refusing to accept legitimate complaints, violated the collective interests of consumers and a financial penalty was imposed on the company in the amount of PLN 150 thousand (PLN 150,774.00). TD System shall inform the persons, who have not had the fee canceled, of the decision and shall post the information of the decision on their website. Consumers, pursuant to the directive on unfair commercial practices, may seek refunds of the fees from TD System, quoting the decision of the President of UOKiK.

TD System no longer manages the parking spaces located near Aldi stores, and the owner of Biedronka retail chain, Jeronimo Martins Polska, is now responsible for handling the issues related to the parking spaces that are located near the stores. 

The decision is not final and may be appealed to the court.

The above action, is not the only one performed by the President of UOKiK with regards to parking spaces. In connection with the incoming complaints, the President of the Office of Competition and Consumer Protection initiated proceedings against Łukasz Zbróg, in Wrocław, who manages a private car park, at pl. Hirszfelda 14  in Wrocław. The car park is located in the immediate vicinity of the oncology hospital and it is located along the street. According to the information notes, the customers of the pharmacy that is located opposite the car park can use the parking space free of charge for up to 20 minutes. Meanwhile, there is an additional condition in the regulations - free use of the car park is possible after collecting a ticket from an employee of a nearby car wash. The proceedings of the President of the Office of Competition and Consumer Protection (UOKiK) concern, among other things, a possibility of misleading the consumers. For violation of collective interests of consumers, the President of UOKiK may impose a penalty of up to 10 percent of the turnover of the company.

Consumer assistance:

Tel. 801 440 220 or 22 290 89 16 – consumer hotline
E-mail: [SCODE]cG9yYWR5QGRsYWtvbnN1bWVudG93LnBs[ECODE]
 Consumer advocates – in your town or district

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL

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ICPENICNPolish Aid