Why parking fines in France are now more likely to be cancelled
It comes after France’s highest administrative court found in a driver’s favour
Automated car parking fines carry a ‘high risk of error’, the court said
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It is now easier to have an incorrectly-issued parking fine cancelled after France’s administrative supreme court clarified the rules on how to appeal.
Increasing numbers of towns and cities in France now use ‘geolocation’ vehicles - typically cars with cameras that read number plates fitted to their roofs - to automatically detect if cars in paid-for bays have properly paid for their parking.
However, the semi-automated system has given rise to numerous errors and seen an increase in wrongly issued parking fines given where drivers have paid. These fines are known as a forfait de post-stationnement (FPS).
Now, the Conseil d’Etat - France’s highest administrative court - has tightened the rules on geolocation fines after a case was brought by a driver who contested a fine and a claim by the city of Paris on the exact location of her vehicle at the time, reports Capital.
‘High risk of error’
In a decision published on November 18 the court ruled in favour of the complainant, saying that these automated checking systems present a high risk of error as to the exact location of cars.
Read also: Number of wrongly issued driving fines rising in France: how to appeal
Local and regional authorities will now be required to take all necessary technical measures to check that their parking controls are reliable. Then, before fining motorists, they must send sworn officers to check, with photographs, that the location of the parked vehicle in question - and its lack of payment - is indeed accurate.
If photographs from these secondary checks are not conclusive a fine is more likely to be cancelled.
The decision also puts the onus on the authorities to provide proper photographic proof and documentation that an offence has been committed rather than on the fined driver to prove their innocence.
The Conseil d'Etat also stated that “in the event of a dispute by the driver, the preliminary appeal that must be lodged with the municipality…before referring the matter to the Commission du contentieux du stationnement payant, must be carefully examined”.
Appeals must now be considered more carefully
Drivers who wish to contest an FPS must submit a recours administratif préalable obligatoire (RAPO, compulsory prior administrative appeal) within one month of the date of notification of the fine.
Read also: Drivers in France can now contest parking fine before paying
Read more: How to contest a driving or speeding fine in France
They will need to produce a statement of the facts explaining their appeal, as well as a copy of the disputed payment notice.
A copy of the certificat d’immatriculation (vehicle registration certificate) or the déclaration de cession du véhicule (declaration of vehicle transfer) are also required.
More information on disputing vehicle fines, and specifically FPS, can be found on the ANTAI website (Agence nationale de traitement automatisé des infractions).
