the location of the offense must be precise and proven

the location of the offense must be precise and proven
the location of the offense must be precise and proven

USER RIGHTS – In a decision n°472912 and 472918 of November 18, 2024, the Council of State canceled several FPS of the City of due to lack of precision of the parking location.

Since 1is January 2018, the criminal fine linked to paid parking disappeared and gave way to a fee for occupying public property called the “Post Parking Package” (FPS).

To note the absence or insufficiency of payment of the fee, the sworn agent can either be present on the public highway (equipped with a mobile terminal), or intervene remotely on the basis of information collected by a vehicle in continuous movement, equipped with an automated license plate reading system (LAPI).

In both cases, the sworn agent is required to verify, before issuing the payment notice, the accuracy of the data recorded from the vehicle checked as well as, when he intervenes remotely, the photographs taken during the report. .

In the event of a dispute, the authority contacted must be able to prove by photographs that the information made on the payment notice is accurate.

In the absence of time-stamped photographs making it possible to identify the vehicle in its environment, or if the photographs do not make it possible to decide on the location of the vehicle at the time of the observation, the authority must grant any appeal.

As a reminder, motorists who wish to contest their FPS must submit a compulsory prior administrative appeal (RAPO) by RAR letter within a maximum period of one month following the date of notification of the FPS payment notice.

This appeal must specify the facts and means of contesting the FPS and must be accompanied by a copy of the FPS payment notice and the vehicle registration certificate.

The authority examines the appeal within one month following the date of receipt of the appeal and its silence constitutes rejection. In the event of a favorable appeal, the competent authority then notifies the applicant of a corrective payment notice.

In the event of rejection of the RAPO, the user can contact (within one month following the refusal) the Paid Parking Tribunal.

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