logo

Documento a cura del
Progetto Melting Pot Europa
web site: http://www.meltingpot.org

redazione@meltingpot.org

Home » Sans-papiers » Domande frequenti (FAQ)

On a car-park attendant

10 ottobre 2003

A Moroccan boy holding regular workers residence papers, while waiting for his brother in a square, was stopped by police who fined him for unlicenced car-parking. He received a 650 euros fine. He kept saying that he wasn’t having cars parked also because he was simply sitting on a bench. He was then forced to sign a record under strong pressures. What should he do?

This fact is very strange and it involves prejudice and discrimination towards foreign citizens seen as people who will never live like us, bshall study this case from a juridical point of view. Unlicenced car-parking is ruled by street code art. 7, paragraph 15 bis. This article states that this is not a serious crime and is punished by a fine (652,00 to 2.620,00 euros).

The fine is an administrative sanction that can be impugned in two ways. The person can refer to the local Prefect (CDS art. 203) within 60 days the date the fine was issued or to the Justice of the peace (CDS art. 204 Bis), all documents must be given in.

There are anyway different conditions in order to activate the procedure.
1) Justice of the peace requires that in order to impugn the sanction the interested person must pay half of the maximum fine when appealing to court. This would be 1.310,00 euros.
2) On the other hand, when impugning the case to Prefecture – which we suggest – the prefect himself will decide whether to have the person pay a fine which would be half of the minimum sum.

It is therefore more convenient to appeal to local Prefect (since nothing must be paid in advance) rather than to the justice of the peace.
In case the prefect confirms the violation the fine would then be twice the minimum fare.
The interseted person should also look for witnesses, and have them written.