How I fought back with the help of ChatGPT 3.5
One evening in early 2023, I was near a station in Zürich and needed to stop for 5-10 minutes. Rather than keep looping to find a metered space, I stopped my car in front of a local business – that was not operating at that time (it would operate only during office hours).
On the wall was a privately-installed sign suggesting towing might occur, I assumed as a deterrent (because, if you want to enforce towing and fines, you need the order enforcing by the local authority – who then get the money from any fine….which is why many people don’t do this).
The sign is an example of a privately-erected notice
Returning to my car within 10 minutes, I found a tow truck that had miraculously arrived. The operator claimed that he had been called and had come from a location over 10 minutes away, a suggestion I doubt but rather he was parked close by, waiting for a “victim”.
The operator was wearing a bodycam, I assume to record any interaction for “evidence” and somehow protect him from being beaten up by unhappy “customers”….
Due to the fact that I was there, he kindly informed me that he could not tow me. Result? Apparently not, since I had to pay a “fine” (his words, not mine) for his call-out. This “fine” was CHF290 for the call-out and CHF50 for the fact that it was at night.
I corrected the operator, stating that the “fine” was not actually a fine but rather a speculative invoice and I would not be paying it. He then informed me there would be an additional CHF95 added to the “fine”……probably the tipping factor normally in his sales pitch.
He had an express desire to fill out a form for which he requested I produce my vehicle documents. I refused, which is well within my rights when ask for this by a private person. This was not an officer of the law asking me but rather an employee of some firm I know nothing about. The car has number plates for such people to look at and if they wanted more information, they could go through the process of getting it.
Speculative Invoices, sorry, “Fines” start arriving
“You have three weeks to pay” with added admin charge…..
“The towing of a car in the context of self-help is permitted” (with little other detail).
And so I turn to ChatGPT for some input and “information”.
Me: is private towing legal in switzerland? Are there requirements for signage?
The answer seemed relatively clear
ChatGPT: In the city of Zurich, the requirements for signage related to private towing of vehicles may vary depending on the specific parking area and regulations in place. However, there are some general guidelines that property owners or managers should follow to ensure that their private towing practices are legal and enforceable.
According to the Zurich City Police Department, the following signage requirements must be met in order for private towing to be legal:
- The parking area must be clearly marked with signs indicating that it is private property and that unauthorized parking is prohibited. The signs should be visible from all entrances to the parking area.
- The signs must also indicate the specific rules or regulations governing the use of the parking area, such as the hours of operation, the maximum length of stay, and any restrictions on the types of vehicles that are allowed to park.
- The signs must include a clear statement that unauthorized vehicles will be towed at the owner’s expense, along with the contact information for the towing company or property owner.
- The signs should be prominently displayed at the entrance and throughout the parking area, with clear and legible text.
It is important to note that these requirements may be subject to change, and property owners or managers should check with the local authorities to ensure that they are in compliance with all applicable regulations. Additionally, it is recommended to seek legal advice to ensure that the private towing practices are in compliance with all applicable laws and regulations.
From the signs that I could have seen (I visited the location again later), all of these requirements were not fulfilled. Oops.
Still, I was also irked about being filmed. So….
Me: is a private individual allowed to film someone else in zurich without permission, that person being the subject of the video and an EU citizen?
The answer seemed to meet expectations that it could be OK as long as it remained within scope.
ChatGPT: In Zurich, as in the rest of Switzerland, the rules regarding the filming of individuals are governed by the Swiss Federal Act on Data Protection (FADP) and the Swiss Criminal Code.
Under the FADP, the processing of personal data, which includes the collection, use, and disclosure of personal information through video recordings, is generally prohibited without the consent of the data subject. However, there are certain exceptions to this rule, such as if the processing is necessary for the performance of a contract or if it serves a legitimate interest that outweighs the interests of the data subject.
I then asked ChatGPT to build me a German text based on my understanding of the Swiss Code of Obligations article (#54) that I could send to the company.
ChatGPT: Sehr geehrte Damen und Herren,
ich schreibe Ihnen bezüglich der Rechnung, die Ihrem Unternehmen für das Abschleppen meines Fahrzeugs ausgestellt wurde. Ich fordere eine Erstattung der Rechnung aus den folgenden Gründen:
- Ihr Unternehmen hat keinen Vertrag mit mich für irgendeine Dienstleistung. Daher hat die Rechnung keine Grundlage, um an mich ausgestellt zu werden.
- Obwohl Artikel 54 des Schweizerischen Obligationenrechts die Selbsthilfe erlaubt, erfordert dies eine Warnung, bevor die Selbsthilfe angewendet werden kann. In diesem Fall wurde während der 10 Minuten, in denen das Auto stand, keine Warnung ausgegeben.
- Der Grundstückseigentümer hat kein Gerichtliches Verbot für das Parken an diesem Ort beantragt.
- Ich fordere auch eine Kopie der unautorisierten Videoaufnahme unter Einhaltung der Datenschutzgesetze GDPR und FADP, um sicherzustellen, dass meine Rechte nicht verletzt werden.
Mit freundlichen Grüßen,
Me!
I sent this registered to the company.
At the deadline they set, a second letter was sent to me as a reminder. No answer or acknowledgement of my letter.
Exactly 4 weeks after that deadline, they sent me a another letter, this time with a charge for it being a “warning”. To that, I once again sent the letter ChatGPT helped me create back to them.
Exactly 4 weeks later, a new letter from them, identical to the previous letter bar an additional, second, warning charge was added – this time giving me ten days to pay. I ignored this.
They gave me an additional ten days before sending what seems to be a final, 3rd warning with a more severe warning charge added to it.
Yet still no answers to the points in my letters.
The deadline for that payment fell in June and, as this article is written in early October, they seem to have reached the end of what they can do. They have no contract with me so cannot assert a charge legally on me, they may have a contract with the property owner who then may try to send a charge to me. This, I would refuse since the signage is inadequate according to local law, the charges are far beyond what the police would charge (and therefore unreasonable) and an action would have to be formally launched against me – which I would defend.
For a property owner, there seems to be only two ways to stop parking spaces being abused:
- Physically block them from being used
- Have the local authority pass an order preventing unauthorised parking at that location (NB: the authority then gets the fines, not the land owner….)
A footnote: this is not legal advice but simply an experience being shared; your mileage may vary and the success is not guaranteed.
