The National Assembly adopted at first reading a bill aimed at reestablishing the obligation for motorists to pay their parking fine before being able to contest it. However, this obligation was deemed contrary to the Constitution in September 2020.
Hard blow for motorists caught in violation and who would receive a fine for parking: although it has been possible since 2020 to contest it before settling itthis way of doing things could soon end.
A bill, presented by Deputy Daniel Labaronne (Renaissance) and adopted on first reading by the National Assembly, restores the obligation to pay the post-parking fee in advance (FPS Editor’s note) and its possible increase, within the limit of a ceiling set by decree in the Council of State, as a condition for the admissibility of a contentious appeal, except in exceptional cases.
Among the exceptions retained, we find the theft or destruction of the vehicle, the usurpation of the motorist’s registration plate, the transfer of the vehicle, the perception of low income, as well as the fact of benefiting from a card parking for disabled people.
Sharp increase in the number of disputes
In September 2020, the Constitutional Council, seized of a priority question of constitutionality, had deemed the prior payment of the fine unconstitutional. The Constitutional Council highlighted the fact that no legislative provision guaranteed that the sum paid to contest the FPS and their increase was not too high for the applicant, but also that no exception had been provided for by the legislator to keep take into account particular circumstances or situations to motivate this decision.
According to The world, this censorship by the Constitutional Council caused an increase in the number of pending cases, which stood at more than 183,000 cases at the end of 2022. But the establishment of a ceiling fixed by decree in the Council of State, as well as the establishment of exceptional cases, should therefore make it possible to reverse the decision of the Constitutional Council. The text adopted by the National Assembly provides for the implementation of this reform on a date set by decree, no later than June 30, 2026.
Parking fine: the appeal is successful more than half the time!