After a long court case, the Court of Appeal has ruled in favor of the Municipality of Oslo. Hanne Bjerknes is now no longer allowed to park or use her electric car chargers on her own property.
Hanne Bjerknes has lost a case of principle in the Norwegian court of appeal. She must now accept a parking ban on her own property.
A ban that the Oslo municipality has consistently upheld. The decision prevents Hanne Bjerknes from using her private parking space.
The Bjerknes family moved to an area outside the center of Oslo in the late 1980s. They have lived there ever since. They planned to grow old in the house.
In the early 1990s, the municipality encouraged them to build parking lots. This was to be done on part of their own land. The family paid for the work themselves.
The parking spaces have been modernized over time. Electric car chargers have now also been installed, allowing families to charge their cars at home.
But then the situation changed dramatically. Oslo Municipality's urban planning staff decided to introduce a parking ban. The ban applied to the entire street.
Parking ban affects private property
Because the family's land extends right to the road, their private spaces were also included. The ban also applies to Hanne Bjerknes' own land. It came as a surprise to the family.
The municipality instead directed them to park along a public road. It is located some distance from the house. However, it is often filled with cars.
Furthermore, there is no possibility to charge electric cars on public roads. This creates practical problems for the Bjerknes family. They are dependent on charging at home.
Hanne Bjerknes disagreed with the municipality's decision. She took the case to the High Court. Here she was initially successful.
However, Oslo Municipality chose to appeal the verdict. The case therefore came before the Court of Appeal. Here the decision was different.
The appeal court rules in favor of the municipality
The judges in the Court of Appeal agreed with the municipality. Hanne Bjerknes is no longer allowed to park on her own property. The court placed emphasis on the status of the road.
The Court of Appeal writes in the ruling:
– The parking ban along the road applies to the entire road structure.
– The fact that parts of the area are subject to private property rights does not change the fact that it is a public road.
The court also does not believe that the municipality's previous request changes anything.
– This does not give rise to the claim that one is later prevented from putting up signs stating that parking is prohibited, writes the Court of Appeal.
The municipality is therefore absolutely right in what they are now doing to motorists.
Hanne Bjerknes is disappointed by the verdict.
– There are no facts whatsoever that suggest that our parking spaces would hinder traffic, she tells Motor.no .
Hanne Bjerknes feels that she has been dealt a huge blow, especially financially.
– We paid for the construction of the parking spaces and the registration ourselves. It cost us a lot of money.
As a consequence of the verdict, Hanne Bjerknes must now pay the costs of the case. She must also pay for the parking spaces she has received on her own property. This is a significant expense.
The family is now considering the situation.
– We have to let it sink in while we consider whether it is possible to appeal to the Supreme Court, says Hanne Bjerknes.
An appeal to the Supreme Court requires special permission.
Parking rules and stalls can be a jungle for car owners. But it can also be a jungle for parking companies. Sometimes so much so that they actually break the law. Read more about it here .
