stop the thousands of unjustified tickets in Toulouse
In Toulouse, Handi-social calls for mobilization against “the excesses of the ANPR system”. The association has filed a legal appeal to put an end to automated parking, the source of thousands of unjustified tickets for disabled people.
After the Parisians with disabilities, the Toulouse people » to fine » the automated license plate recognition system (LAPI). Faced with the refusal of the town hall of the ” pink city » to suspend the use of « sulphates », « manufactured without real and integral pre-check “, Handi-social and the municipal councilor, Odile Maurin, filed an appeal before the Administrative Court of Toulouse on December 15, 2022 in order to obtain the cancellation of the measure. The association also filed a priority question of constitutionality, which makes it possible to argue that a legislative provision is contrary to the rights and freedoms guaranteed by the Constitution. On January 5, 2023, she gathered the troops, during a press conference (in the video opposite), to go to war against this system which, according to her, ” violates the rights of people with disabilities by obstructing their free movement.
An unsuitable method
The law is clear: The parking card for disabled people allows its holder or the third person accompanying him to use, free of charge and without time limit, all the places open to the public. “. However, since the implementation of the ANPR system in 2018, tens of thousands of people with disabilities have received unjustified fines that they must pay before they can appeal to the Commission de contentieux du parking paying (CCSP). The principle of this unpopular technique? A car or a scooter criss-crosses the urban space and automatically scans all the license plates in order to identify the vehicles for which the fee has not been paid, or insufficiently paid. It is then impossible to detect whether a mobility inclusion card mention parking (CMI-S) or a European parking card (CES) is affixed to the windshield. ” It seems important that local authorities and their service providers are made aware of this problem and that they do not exclusively use the LAPI method to record contraventions. “, summed up, already in 2020, the Defender of Rights in his report entitled “ Failure of the post-parking package (FPS): restoring user rights “. What about three years later?
A binding reporting platform
The cities that have opted for this device, Paris and Toulouse in particular, offer registration on a signaling platform before any parking. ” Concretely, it is necessary to record its data for each city crossed because the device is not national and depends on each municipality », Explains the association Droit Pluriel which joined the mobilization. Why is it not viable, according to her? ” This device adds an additional constraint to an audience that is already coming up against the digital divide. In addition, their caregivers (…) are poorly trained and do not necessarily have an ease with online procedures “, continues the association. In addition, its Agir handicap legal office claims to receive “ lots of testimonials » of people who have made appeals that have not been answered. ” On the contrary, the fines are increased and the disabled adult allowance is sometimes seized, which is in total contradiction with the law. », laments Droit Pluriel.
A system ” illegible and misunderstood »
” Thus, the town hall of Toulouse obliges people with disabilities to take new steps, either filing a file, registering on a website or an application that communicates their personal data to the private operator Easy Park, or to take a ticket people with reduced mobility on parking meters, most of which are not accessible, or to contest », adds Handi-sociale. She judges this decision illegal “car she” adds conditions to the law that make it more difficult for people with disabilities to access parking » and points, moreover, to a system « unsuitable ” and ” illegible ” for several reasons. First ? ” The database allows only one car to be registered while disabled people can be driven by different people (relatives or professional companions)”. Second: ” the Easy Park application, which is not accessible to all types of disability, requires having a compatible smartphone and then entering a bank card number while parking is free and 3.3 million people do not don’t have a credit card “, points out the association. Moreover, ” no information is given by way of display in the streets, whereas this new device is specific to the city of Toulouse and therefore cannot be known to users “.
ANPR, a real “ cash machine »
The only solution, according to Handi-social, is to ask agents to check the situation of each of the cars reported by the system. ” The mayor of Toulouse refuses for purely financial reasonss, she says. In addition to reducing the number of agent assignments, the use of LPR has indeed proven to be a real ‘cash machine’, the number of amendments having been multiplied by four. ” Corn ” the authorized only authorized a pre-check and not a fully automated check “recalls the association. She therefore plans to file an interim order. This legal procedure makes it possible to find a solution, at least provisionally, to an emergency situation to preserve one’s rights or property in the context of a conflict with the administration. (Legal) case to follow…
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