Seized of an appeal relating to the precise location of parking of a vehicle which had been the subject of post-parking packages (FPS) established on the basis of a geolocation device, the Council of State judges that the Motorists must be able to fully challenge these FPS and specify the rules.
While geolocation control devices carry a significant risk of error in establishing the exact location of vehicle parking, the Council of State first reminds that municipalities and intermunicipalities must take all measures to ensure reliability. geolocation used by their agents or by the delegated companies involved in the control of paid parking. He then recalls that before the issuance of the post-parking pass, human intervention by sworn agents must verify the location on the basis of photographs showing the location of the parked vehicle in a sufficiently clear and precise manner.
It specifies, in the event of a dispute by the motorist, that the preliminary appeal which must be filed with the municipality or the intermunicipality before referring the matter to the Paid Parking Disputes Commission, must be carefully examined. This implies in particular that the FPS is canceled if the motorist's challenge is sufficiently substantiated and if the control photographs do not make it possible to establish with certainty the exact location of the vehicle. Finally, the Council of State recalls that the Paid Parking Litigation Commission must apply the classic rules of administrative proceedings which prohibit requesting from the motorist evidence (time-stamped photographs confirming geolocation) that only the public authority or its delegatee holds.
With this decision, the Council of State emphasizes the very specific role that the sworn agent must play, the guarantees that public authorities and their delegates must respect, and the importance of the effective processing of administrative appeals. by communities or their delegates to ensure respect for the rights of motorists.
To help define these balances, the Council of State organized an oral instruction session and requested observations, not only from the applicant and the City of Paris, but also from the Defender of Rights, the National Commission of information technology and freedoms and associations of local authorities and professional organizations concerned.
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The “post-parking package” (FPS)
Since 2018, as part of the law on the Modernization of Territorial Public Action and the Affirmation of Metropolises (MAPTAM), the criminal fine for failure to pay for paid parking has been replaced by a “post-payment package”. parking” (FPS) under the responsibility of municipalities and intermunicipalities. This post-parking fee can be contested by a mandatory prior appeal to the administration, before referral can be made to the Paid Parking Litigation Commission, which will take effect from 1is January 2025 the name of Paid Parking Tribunal. Parking in prohibited locations remains punishable by fines which, in the event of dispute, are dealt with by the police court.
