A motorist who received a parking fine because he was standing still in a parking space in the Kattenburgerstraat in the center does not have to pay the fine. According to the court, it could not be determined from the photos of the scan car that it was a parked car.
A scan car in Kattenburgerstraat.
The fine was handed to the motorist on May 9. According to the municipality, five days earlier he had parked without paying on Kattenburgerstraat. The motorist felt the fine was unjustified and eventually went to court.
During the hearing, which took place in December last year, he said that he had to deliver a package and that the address was difficult to find. He parked his car on the side of the road and looked on his cell phone to see exactly where he needed to be. According to him, it took less than one minute, his engine was still running and his front wheels were facing the roadway.
Parking fines with the scan car – how does that work?
The standard method is that a scan car takes four color photos of the parked vehicle from different angles. If no parking fee appears to have been paid five minutes after scanning the license plate, the photos are sent to an employee in the office.
The employee will use the photos and a map of the location to determine whether a fine should be sent. This does not happen when loading or unloading or getting in and out. Doubts may arise because the photos show that someone is still in the car, the photos are unclear or because the car lights are still on. The employee can then send a parking inspector to the location.
The court previously ruled that this method ‘contains sufficient guarantees for the carefulness of the collection of evidence’.
According to the court, the photos also gave rise to doubt in this case. For example, it could be seen that the driver was still in the car and the position of the wheels indeed indicated that the driver ‘appears to want to leave the parking space at that moment and merge in the direction of travel’.
“This constitutes a violation of the principle of due care”
Court verdict
“In a situation of doubt, it is up to the tax officer – as the person who is obliged to provide proof that a taxable event has occurred – to send a parking inspector to the relevant location to check whether there is actually a taxable event. parking,” the court wrote in the verdict. “The own working method also prescribes this. In this case, the tax officer did not send a parking inspector to the location. In the court’s opinion, the tax officer therefore acted contrary to the principle of due care.”
Because it is now no longer possible to send a parking inspector to the location, the court has annulled the fine.
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2024-01-20 21:09:23
#Motorist #wins #scan #car #Parking #inspector #looked
