2023-08-14 04:51:00
”When you are convinced of your approach, you have to go all the way.” Alex, a 50-year-old from Schaerbeek, is relishing his “victory” in a case that has dragged on for more than two years and pitted him once morest the parking.brussels agency.
In June 2021, while parking in Evere, he was fined. The fine, he assures us that he did not receive it. Ditto for the first reminder. “In my building complex, there are 175 boxes. Unfortunately, things get lost.” The Schaerbeekois finally becomes aware of the offense during the second reminder: €25 claimed, and €15 reminder costs. “I do not dispute the infringement. So I paid the 25€. But not the other 15, because I had not been warned before.
And that’s where things got bigger. “Parking.brussels, via its armed wing, the bailiff Leroy, is starting to sue me for late payment interest only.” New mail: 90€ claimed. “I still refuse to pay.” And following a year and a half and other exchanges, a summons to appear in court, with a last chance if 335€ are paid. “I don’t pay, and I go to the hearing.”
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“Procedural terrorism”
For the first time in his life, Alex finds himself in court last April. At the Saint-Josse justice of the peace, the verbalized person pleads his case. “The judge asks only one question: were the couriers registered? The opposing party responds in the negative. The lawsuit is then declared unfounded. The judgment stipulates: “Given the absence of notification by registered letter of the statement of offense by the plaintiff, corroborated by the payment of the fee (in itself uncontested) on August 31, 2021, the intent of the present proceedings is not only unfounded but abusive.”
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”At the hearing, the judge pronounced this mythical sentence, which will remain in my memory: it is procedural terrorism. And the people present in the room applauded”, recalls the Schaerbeekois. Parking.brussels then had to pay the legal costs of €229.
After these procedures, Axel would like his legal adventures to serve as an example and a school. “It is a historic decision. I would like to alert people. Non-registered shipments are not valid.”
”No obligation to send these documents by registered mail”
Contacted, parking.brussels reacts: “The judgment cannot be appealed, but we believe that the court was wrong to declare the request unfounded.” According to the agency, the rules were respected. “The Ordinance and Regulations do not provide for any obligation to send these documents by registered mail.” For the second formal notice, a registered letter was also sent “although the regulations do not provide for it”.
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We believe that the court was wrong to declare the claim unfounded.
As for the consequences raised by Alex: will this recent court decision set a precedent? Not in the eyes of the regional agency. “The factual assessment made by a magistrate does not modify the content [des] legal texts or parking obligations.brussels. There have already been similar decisions. However, some jurisdictions have already agreed with us in similar cases. In addition, in the majority of cases in which judgments are rendered, reminder costs are awarded.”
To conclude, let’s go back to Alex: a new report has recently arrived in his mailbox… “I received it, so I’m paying.”
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