a driving school pinned down by fraud

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The administrative court of Paris dismissed a driving school in the 17th arrondissement which challenged the legality of the administrative fines which had been imposed on it in May 2022 by the Departmental Directorate for Population Protection (DDPP).

Breaches in contracts

The SARLU Permis Accélérés, which manages the driving school on rue Brochant, was in fact fined two fines of 1,500 euros each for “breaches” in the contracts it made driving license candidates sign. .

“Following a consumer complaint“, the Paris fraud prevention services had in fact carried out checks in the fall of 2021: they then highlighted a “non-compliance with the formalism of the standard contract» provided to driving schools and a “lack of information on the contact details of the Consumer Mediator”.

“The conditions and modalities for teaching the driving of motor vehicles are the subject of a written contract, in fact provides for the Highway Code. This contract is concluded after a preliminary assessment of the candidate. It complies with the standard driving instruction contract defined by decree of the Council of State. »

The contract must therefore specify the “prices for services”, the “obligations of the parties”, the “payment terms”, the “withdrawal conditions” or even “the methods of settling disputes”. Each breach can be punished with a fine “not exceeding” 3,000 euros for the manager of a driving school and 15,000 euros for his company.

“Some mentions missing”

In this case, the MX company was guilty of a “misunderstanding of the method of presentation of prices” and an “absence of certain mentions” on the “method of payment for registration” for the competitions. code, for example. “Moreover, this contract includes the addition of certain mentions,” notes the Paris administrative court in a judgment dated September 19, 2024, which has just been made public.

“Given these breaches, it was without an error of law or assessment that the administration was able to take the contested decisions”, the judges deduced, and this “without having any impact on the circumstance that certain breaches do not differ in substance from the stipulations of the standard contract.

The absence of contact details for a consumer mediator is also proven since the driving school had provided those of a law firm on rue Cardinet (17th). However, it had not been approved by the Consumer Mediation Evaluation and Control Commission, which is “the only one competent to reference mediators”.

The driving school, which was therefore dismissed, has until tomorrow November 19, 2024 to contest this judgment before the Paris administrative court of appeal.

/GP (PressPepper)

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