Parking: proof of immediate payment of the fee may be established by any means

A driver who had not paid the parking fee for her vehicle is obliged to pay the post-parking fee at the request of the municipality concerned, under the General Code of Territorial Authorities.

The driver immediately pays the fee and is provided with proof of payment as required by law. However, the driver misstates the license plate number on the document.

The municipality of Strasbourg then issues a notice of payment for the post-parking fee, either €35, against that driver.

The latter refuses to pay, and decides to appeal to the commission of disputes of paid parking. The judges rejected the decision, and the municipality decided to appeal to the Conseil d’État.

According to the Conseil d’État, a driver who is charged for the payment of a post-parking fee can always justify the immediate payment of his parking fee. He may furnish such proof by any means, in particular where the documentary evidence furnished at the time of immediate payment of the fee contains, by reason of an error on his part, incomplete or inaccurate information.

The Conseil d’État concludes that, although the driver did not correctly enter the number plate of her vehicle in the device for issuing her parking certificate, she nevertheless provided proof that she had paid the fee due for parking her vehicle, since the municipality did not rely on any fraud.