I.-Without prejudice to the application of articles L. 2213-2 and L. 2512-14, the municipal council or the deliberative body of the public establishment for inter-communal cooperation or of the joint association responsible for organising mobility within the meaning of Title III of Book II of Part One of the Transport Code, where it is authorised to do so by its articles of association or by a decision taken under the majority conditions provided for in II of Article L. 5211-5, may introduce a parking charge, compatible with the provisions of the mobility plan, if one exists. If the public domain concerned falls within the remit of another local authority, the latter’s opinion is required. If it has not given its opinion within one month of the matter being referred to it, this opinion is deemed to be favourable.
In Ile-de-France, under the conditions set out in the first paragraph of this I, public establishments for inter-communal cooperation with their own tax status and territorial public establishments may also introduce a parking charge, after agreement from the public establishment defined in article L. 1241-1 of the Transport Code and if they are authorised to do so by their articles of association or by a decision taken under the majority conditions provided for in II of article L. 5211-5 of this code.
The deliberation establishing the charge shall establish:
1° The rate scale for immediate payment of the charge, applicable when the charge corresponding to the entire parking period is paid by the driver of the vehicle at the start of the parking period;
2° The rate for the post-parking charge, applicable when the charge corresponding to the entire parking period is not paid at the start of the parking period or is insufficiently paid. Its amount may not exceed the amount of the charge due for the maximum parking period provided for, excluding subscription schemes, by the immediate payment rate scale in force in the zone in question.
The immediate payment rate scale is established with a view to promoting traffic flow, rotation of on-street vehicle parking and the use of public or environmentally-friendly means of transport, taking into account an objective of social equity. It takes into account all the costs involved in collecting the revenue from parking charges.
The scale of charges may be modulated according to the duration of parking, the surface area occupied by the vehicle or its impact on air pollution. It may provide for a free section for a set period as well as specific pricing for certain categories of users, including residents, and for vehicles benefiting from a distinctive carpooling sign created in application of articles L. 1231-15 or L. 1241-1 of the Transport Code. It may be reduced according to the income level of users, their status or the number of people living in their household, with a view to promoting equal access to mobility for people in situations of economic or social vulnerability.
II.-The amount of the parking charge due, after deduction, where applicable, of the amount of the parking fee paid at the start of the parking period, is notified by a payment notice issued either by affixing it to the vehicle concerned by a sworn official of the municipality, the public establishment for inter-communal cooperation, the joint association or the third-party contractor appointed to carry out this task, or by post sent to the home address of the holder of the registration certificate for the vehicle concerned by a specialised public establishment of the State, or transmitted in electronic form by this same public establishment to holders of registration certificates who have signed an agreement with it for this purpose. Notification is also deemed to have been made when the holder of the registration certificate, notified by any means, has become aware of the payment notice in a dematerialised form by means of a system set up by the commune, the public establishment for inter-communal cooperation, the mixed syndicate or the contracting third party.
When the payment notice for the fixed rate parking charge is affixed to the vehicle or transmitted by the specialised public establishment in dematerialised form, the holder of the registration certificate is deemed to have received notification of it on the same day. In the latter case mentioned in the first paragraph of this II, notification is deemed to have been received on the date on which the holder of the registration certificate became aware of the payment notice.
When this payment notice is notified by post, notification is deemed to have been received by the holder of the registration certificate five clear days from the day it was sent. The public establishment of the State mentioned in the first paragraph of this II provides proof by any means of dispatch to the address known to the holder of the vehicle registration certificate.
The particulars entered on the notice of payment of the post-parking charge by the sworn official are authentic until proven otherwise. The information provided for in the article 4 of law no. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations are replaced by the non-nominal designation of the official who issued the notice and the contact details of the entity to which the official reports.
III.-.Proceeds from parking fees are used to finance operations designed to improve public or environmentally-friendly transport and traffic. If the municipality, public inter-municipal cooperation body or joint association that introduced the parking charge is responsible for roads, part of this revenue may be used to finance roadworks.
Outside the Ile-de-France region, the revenue from fixed-rate parking charges is collected by the municipality, public inter-municipal cooperation body or joint association that introduced the charge. The latter pays the revenue to the municipality, public inter-municipal cooperation body or joint association responsible for carrying out the operations mentioned in the first paragraph of this III, after deduction of the costs of implementing the parking charge. A decree will specify the terms and conditions of the repayment, depending on the local organisation of paid on-street parking.
In the specific case of the Lyon metropolitan area, the municipalities located within its territory will repay the proceeds of the fixed-rate parking charges to the Lyon metropolitan area, after deduction of the costs relating to the implementation of these charges.
IV.The fixed-rate parking charge must be paid in full within three months of notification of the payment notice provided for in II of this article.
Failing this, the fixed-rate parking charge is considered unpaid and is subject to an increase, the proceeds of which are allocated to the State. The unpaid fixed-rate parking charge and the surcharge are payable by all holders of the vehicle registration certificate, who are jointly and severally liable for payment.
With a view to recovering the unpaid fixed-rate parking charge and the surcharge, an enforcement order is issued, where appropriate in electronic form, by an authorising officer designated by the administrative authority. This order mentions the amount of the unpaid parking charge and the increase.
A cancellation order is issued by this same authorising officer when, for a reason other than payment, all or part of the unpaid parking charge is no longer due.
A decree in the Conseil d’Etat determines the amount and terms of the increase in the parking charge mentioned in the second paragraph. It specifies the procedures for issuing the enforcement order and the authority responsible for designating the authorising officer referred to in the third paragraph and the procedures for issuing the cancellation order referred to in the fourth paragraph, as well as the information transmitted to the authorising officer by the entity that issued the payment notice for the fixed-rate parking charge to enable the enforcement order to be drawn up and the procedures for this transmission.
V.-The collection and recovery of the unpaid parking charge and its increase are governed by the provisions of article L. 2323-7-1 of the general code of public property.
The proceeds of the parking charge and the parking charge, paid spontaneously or after the issue of an enforcement order, are paid back to the public accountant assigned to the commune, the public establishment for inter-communal cooperation or the mixed syndicate that introduced the charge. The procedures for applying this repayment, particularly in the event of a change in the beneficiary local authority, are specified by order of the Minister responsible for the budget.
VI.-Disputes relating to acts taken in application of this article are governed by article L. 2331-1 of the General Code on the Ownership of Public Persons.
Contentious appeals to contest the notice of payment of the amount of the post-stationing fixed charge due are subject to a compulsory prior administrative appeal to the commune, the public establishment for inter-communal cooperation, the mixed syndicate or the third-party contractor to which the sworn official who drew up the said notice reports. Notwithstanding the dispositions de l’article 19 de la loi n° 2000-321 du 12 avril 2000 relative aux droits des citoyens dans leurs relations avec les administrations, l’avis de réception postale ou électronique adressé au demandeur par le représentant de l’entité chargée de statuer sur le recours administratif tient lieu de l’accusé de réception prévu par ces dispositions. The period at the end of which silence on the prior administrative appeal is deemed to constitute a rejection decision runs from the date of receipt of the appeal indicated on the postal or electronic notice. The notice of payment of the post-parking charge shall mention this derogation, the period after which an implicit rejection decision is likely to arise following the exercise of the prior administrative appeal and its contentious consequences.
If the decision handed down following the administrative appeal is notified by post, it is notified in accordance with the conditions set out in the third paragraph of II.
The decision handed down following the prior administrative appeal against the payment notice for the fixed-rate parking charge may be appealed before the Commission du contentieux du stationnement payant. The enforcement order issued in the event of unpaid parking charges may also be appealed to this commission. It then replaces the payment notice for the unpaid parking charge.
VII.-When the details on the registration certificate allow a hirer to be identified, the latter is substituted for the holder of the said certificate in the implementation of the provisions set out in II and IV of this article. When, following the transfer of a vehicle, the system recording the information mentioned in article L. 330-1 of the Highway Code mentions a purchaser who is not the holder of the vehicle registration certificate, the purchaser is substituted for the holder of the said certificate in the implementation of the provisions of II and IV of this article.
VIII.-The procedures for applying this article, and in particular the conditions for informing drivers about the scale of charges and the flat-rate charge mentioned in 1° and 2°, the information that must appear on the payment notice in addition to that previously indicated and the procedures for issuing it, the procedures for certifying spontaneous payment of the parking charge due, as well as the obligations incumbent upon the third party contracting with the municipality, public establishment for inter-municipal cooperation or mixed syndicate, and its agents for the collection of the parking charge, are determined by decree in the Conseil d’Etat. This decree also specifies the elements that must be included in an annual report drawn up by the person responsible for ruling on compulsory prior administrative appeals, with a view to its examination by the deliberative assembly, which takes note of it.