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Henn Leetna: Must a Car Owner Prove They Were Not the One Who Parked?
Translated from Estonian and summarized by DistantNews. Read the original for the full story.
At a glance
Opinion
Named sources
Context piece
- Henn Leetna questions who bears the burden of proof when a private parking company seeks a contractual penalty.
- He argues that a parking contract is made by a person, not by the car.
- A photograph of a parked car proves that the vehicle was present, but not who parked it or entered the contract.
If a private company demands money for a breach of contract, the basic question should be simple: must the company prove that it made the contract with the person it is charging, or must that person prove they did not make it?
Henn Leetna puts that question to Chancellor of Justice Ülle Madise in connection with private parking penalties. His argument is that a parking agreement is a contractual claim made by a person, not by a vehicle.
A photograph of a parked car can show that the car was in the parking lot. It cannot, by itself, show who was driving or who entered into the parking contract.
About this summary
Originally published by Postimees in Estonian. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.
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