How to Contest a Forfait Post-Stationnement (FPS) Parking Fine

Since the decriminalisation of paid on-street parking, French and foreign motorists no longer receive classic "traffic tickets," but rather Forfaits Post-Stationnement (FPS - post-parking charges). This reform, which came into force on 1 January 2018, transferred parking management to local municipalities, leading to a significant increase in rates and increased automation of checks. When faced with an unjustified FPS—whether due to a faulty ticket machine, a license plate entry error, or an undetected mobility inclusion card—it is essential to know your rights. This comprehensive guide, written by the experts at AvocatAI, explains in detail how to effectively contest an FPS under the rules of French law.

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The Legal Framework of the Forfait Post-Stationnement (FPS)

To contest effectively, you must first understand the legal basis of the FPS. Unlike the old criminal fine of 17 €, the FPS is a fee for using the public domain.

Applicable Statutory Law

The decriminalisation of parking is governed by the loi de modernisation de l'action publique territoriale et d'affirmation des métropoles (MAPTAM law - Law on Modernisation of Public Territorial Action and Affirmation of Metropolitan Areas) of 27 January 2014.

Statutorily, the FPS is framed by:

• Article L. 2333-87 of the Code général des collectivités territoriales (CGCT - General Code of Local Authorities), which defines the power of municipalities to establish this fee.
• Article R. 2333-120-1 et seq. of the same code, which specify the procedures for contesting and notification.

Who Must Pay and Who Can Contest?

According to the law, the person liable for the FPS is the holder of the certificat d'immatriculation (registration certificate, commonly known as the carte grise or grey card) of the vehicle. It is therefore to this person that the payment notice is sent, and it is this person (or their legal representative) who has the legal standing to contest.

Special case of rented or sold vehicles: If you have sold your vehicle or if it is a rental, the holder of the carte grise can designate the buyer or renter as the actual liable party, thereby releasing themselves from liability.

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Legitimate Grounds for Contesting

Not all arguments hold equal weight before the administration or the courts. For your dispute to be admissible, it must be based on specific and documented grounds of law or fact.

1. Formal Defects on the Payment Notice

The FPS payment notice must mandatorily contain certain information, failing which it is null and void (Article R. 2333-120-2 of the CGCT):

• The precise identification of the vehicle (registration number).
• The precise date, time, and location where the lack of payment was observed.
• The amount of the FPS due (minus any amount already paid at the ticket machine).
• The identifier of the sworn officer who observed the non-compliance.
• The methods and deadlines for appeal.

2. Prior Payment Already Made

If you had paid for your parking but the officer (or the LAPI - automatic license plate reading vehicle) did not take it into account, your parking ticket (physical or digital via an app like PayByPhone, Flowbird, etc.) serves as proof.

3. Cases of Legal Exemption

• Theft or destruction of the vehicle: You must provide the receipt of the complaint filing for theft (récépissé de dépôt de plainte) or the certificate of destruction of the vehicle.
• Identity theft of license plates ("cloning"): Filing a formal police complaint is essential.
• Holder of the Carte Mobilité Inclusion (CMI) Mention "Stationnement" (Mobility Inclusion Card marked "Parking"): Pursuant to Article L. 241-3-2 of the Code de l'action sociale et des familles (Code of Social Action and Families), disabled persons holding this card benefit from free parking on all parking spaces open to the public.

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Concrete Example: Calculating the FPS and its Deduction

The amount of the FPS varies depending on the municipality (it can range from 15 € to 75 € in Paris). The law provides that any amount already paid for the current parking period is deducted from the FPS amount, provided that the proof is presented or registered in the city's system.

> Concrete Example:

> Lucas parks in Lyon in a zone where the rate is 2 € per hour. He pays for 2 hours of parking (amounting to 4 €) from 14:00 to 16:00. His ticket expires at 16:00.

> At 16:30, an enforcement officer notes the absence of a valid ticket and issues an FPS. In this zone of Lyon, the FPS amount is set at 35 €.

>

> Since Lucas had already paid 4 € for this same spot and the check took place within the maximum authorised time limit, these 4 € must be deducted from the FPS.

> * Theoretical FPS amount: 35 €

> * Deduction of the payment already made: 4 €

> * Final FPS amount claimed from Lucas: 31 €

>

> If Lucas contests because he had to leave due to a medical emergency, he will have to provide written proof of this force majeure (unforeseeable circumstances) to hope for a total cancellation of the remaining 31 €.

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The Step-by-Step Contesting Procedure

Contesting an FPS is not done directly in court. It follows a mandatory two-step administrative procedure.

```

[Receipt of the FPS]

│

▼

[Step 1: The RAPO] ───(Accepted)───► Cancellation of the FPS

│

(Rejected or silence for 1 month)

│

▼

[Step 2: Referral to the CCSP] ───(Accepted)───► Refund / Cancellation

```

Step 1: The Recours Administratif Préalable Obligatoire (RAPO)

Before taking any legal action, you must mandatorily refer the matter to the entity that issued the FPS (the town hall or the private contractor acting on its behalf) via a Recours Administratif Préalable Obligatoire (RAPO - Mandatory Prior Administrative Appeal).

• The deadline: You have a strict deadline of 30 days from the date of notification of the payment notice (date of postal or electronic dispatch).
• The format: The appeal must be sent by registered mail with acknowledgement of receipt (lettre recommandée avec accusé de réception - LRAR) to the address indicated on the notice, or, more simply, submitted online on the dedicated website mentioned on the notice (often the website of the municipality or the ANTAI - National Agency for the Automated Processing of Offences).
• Mandatory documents to provide:

1. A copy of the FPS payment notice.

2. A copy of the vehicle's certificat d'immatriculation (carte grise).

3. All supporting documents proving your good faith (parking ticket, screenshot of the payment app, CMI card, police complaint, certificate of transfer of ownership).

4. A written and reasoned statement of the grounds for contestation.

The absence of a response from the administration within a period of 1 month constitutes an implicit rejection of the RAPO.

Step 2: Appeal to the Commission du Contentieux du Stationnement Payant (CCSP)

If your RAPO is rejected (explicit decision of rejection or silence kept for 1 month), you can bring the case before a specialised administrative court: the Commission du Contentieux du Stationnement Payant (CCSP - Paid Parking Litigation Commission), based in Limoges.

• The deadline: You have a deadline of 1 month from the notification of the RAPO rejection decision (or from the date of implicit rejection).
• The prior payment obligation (WARNING): Following a legislative reversal resulting from the decision of the Conseil constitutionnel (Constitutional Council) of 9 September 2020 and confirmed by the law of 23 November 2021, it is no longer mandatory to pay the FPS before referring the matter to the CCSP if you invoke certain legitimate grounds (notably theft of the vehicle, plate cloning, or if the FPS amount is disproportionate). However, to avoid any late payment surcharge in case of rejection, it is often advised to deposit (consigner) the sum, except in cases of precarious financial situations.
• The referral: This is done free of charge online on the official website of the CCSP (`www.ccsp.fr`) or by post. You must attach a copy of the initial FPS, a copy of your RAPO, the acknowledgement of receipt of the RAPO, and the rejection decision if it exists.

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Mistakes to Avoid When Contesting

To maximise your chances of success and avoid increased financial penalties, absolutely avoid these common pitfalls:

• Ignoring legal deadlines: A RAPO sent on the 31st day is systematically declared inadmissible, without any examination of the merits of your case. Be extremely vigilant when counting the 30 days.
• Failing to attach the carte grise: Even if you believe the administration already possesses your data, the absence of a copy of the registration certificate in the RAPO file is a frequent cause of administrative inadmissibility.
• Contesting based on simple "good faith" without proof: Writing that "the ticket machine was broken" is not enough. You must prove it (a photo of the machine's screen displaying an error message, witness statements, or an official report of the breakdown to the town hall).
• Forgetting to contest the increased FPS: If you did not receive the initial FPS and you directly receive an increased FPS enforcement order (titre exécutoire de FPS majoré - an amount generally 50 € to 95 € on top of the initial FPS), you must contest this order within a deadline of 3 months to the officier du ministère public (public prosecutor's officer) or the CCSP depending on the case, proving that you did not receive the first notice (for example, due to an address change not updated on the carte grise within the legal deadline of one month).

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Frequently Asked Questions (FAQ)

I sold my car but received an FPS. What should I do?

You must file a RAPO within 30 days. You must attach a copy of the vehicle transfer declaration (déclaration de cession - Cerfa form no. 15776) registered with the Système d'Immatriculation des Véhicules (SIV - Vehicle Registration System) or the registration acknowledgement of the sale provided by the ANTS (National Agency for Secured Documents) website. The FPS will then be cancelled in your name and reissued against the buyer.

I live abroad and received an FPS during my holidays in France. Can I ignore it?

It is highly discouraged to ignore it. France has concluded cross-border agreements for the exchange of registration information with many European countries. Furthermore, if you return to France with the same vehicle, you risk having it impounded by law enforcement for non-payment of public debts. The online contesting procedure (via the ANTAI or the CCSP website) is accessible from abroad and available in several languages.

The officer made a mistake of one letter in my license plate on the notice. Is the FPS void?

Yes. An error in the registration number is equivalent to a failure to identify the ticketed vehicle. You must file a RAPO, attaching a photo of your license plate and a copy of your carte grise to demonstrate the entry error made by the officer or the automatic LAPI system.

The ticket machine was broken, am I obliged to pay?

In legal theory, a broken ticket machine does not grant an automatic right to free parking. You must look for another working ticket machine in the same tariff zone or use a mobile payment app if the city offers one. If no other means of payment was available, you must provide material proof of this absolute impossibility for your RAPO to be favorably received.

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Summary

• The Forfait Post-Stationnement (FPS) replaces the parking fine, and its amount is set freely by each French municipality.
• The deadline to contest via a Recours Administratif Préalable Obligatoire (RAPO) is a maximum of 30 days from the dispatch of the notice.
• The RAPO is carried out online or by registered mail (LRAR) directly with the relevant local authority.
• If the RAPO is rejected, you have a deadline of 1 month to refer the matter to the Commission du Contentieux du Stationnement Payant (CCSP).
• Holders of the Carte Mobilité Inclusion (CMI) "Stationnement" are legally exempt from payment but must imperatively contest if an FPS is applied to them by mistake.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.