Do not start an argument that you already won – car parking costs

Tuesday, July 11th, 2017 by

In the Netherlands parking your car without paying for parking is a commodity only possible in the country side. The local cities have become very creative with scanning cars. Cars that drive at a normal speed through the city, scanning all license plates of parked cars. If a car has not paid for parking a team is send to the car to issue a parking fine.

Car parking costs – friendly parking attendant

A car was parked without a parking ticket and while the owner of the car realized that the parking attendant was already at the car. The fact that the car was parked and no parking fee was paid was clear, but the parking attendant gave the owner of the car a break. Pay EUR 0,50 in the parking machine and I write not parking ticket.

Instead of doing so, the owner of the car insisted on using a mobile app to pay for parking. But the parking attendant can then not check immediately if the parking fee was actually paid, hence he disagreed and said: No, sir, please pay EUR 0,50 in the machine and then we are done.

Nop, the owner insisted on using his app. That was the end of it, he was issued a EUR 61 fine for not having parked his car and paying for it. You might not be surprised that the owner of the car started a court case over the EUR 61 parking fine, but the court ruled that there was not paid for parking, the parking attendant was in no manner obliged to provide you with the possibility he offered. Nevertheless, the solution was not accepted, hence the EUR 61 fine was correct.

 

Car parking costs – two pictures of the same with a different view

A lady received a fine for not having paid for parking. She made a complaint and issued with the complaint a picture of the car being parked with the parking ticket behind the window. The ticket was indeed dismissed, however, the lady had requested a reimbursement of the costs made for the complaint. That was not granted.

The lady went to court over the non-reimbursed costs for the complaint. That implies the full case is revised. Standard procedure of the parking attendant is to make a picture of the situation when there is no parking ticket. Clear became that the picture of the parking attendant was of a total different situation than the picture the lady provided. The court ruled that the parking ticket was indeed not paid for and the parking ticket was reinstalled again.

car parking costs

Car parking costs – wind blows ticket away

The car was parked, ticket purchased, but while the door was being closed of the car, the wind took hold of the parking ticket and blew that to a place the parking attendant could not check. Hence a parking ticket was issued. The case was won by the owner of the car, but no reimbursement of the costs of the complaint were made. There was an argument over the non reimbursed costs, but the court was clear. If you were more careful with the parking ticket, the case would not have taken place, hence no reimbursement.

 

Car parking costs – wrong license plate on the parking ticket

Most parking machines ask for the license plate number, then when the scanning car checks vehicles, the car is in the system. This time the license plate number was incorrectly put in the parking machine and a parking ticket was automatically issued.

The owner of the car made a complaint against the parking fine using the proof of payment for the parking costs. The parking fine was nullified, but no reimbursement for the costs of the complaint was granted, hence the owner went to court to claim the reimbursement. But not only to claim the reimbursement, also to make a claim on article 8 of the EVRM as a person should not be checked by its whereabouts using a scanning car by the city.

The court ruled that the parking ticket was nullified, but that she had made a mistake, hence no reimbursement of the costs of the complaint was granted. The article 8 EVRM was not applicable, as the car was parked in a public space and then the privacy cannot be invaded.

The owner disagreed and went to the high court.

 

Car parking costs – tax deductible cost?

Parking costs of a company car are a tax deductible cost, whether made domestic or abroad. That is when the car is a company car. If there is no company car and a private car is used for business purposes EUR 0,19 per KM for all costs is applicable. No addition Ferry or parking costs can be added.

A parking or any other fine is a nondeductible fine. However, in most cities not a fine is issued, but parking tax for not having paid the correct amount. That is a tax deductible tax.

 

Car parking costs – Orange Tax Services

If you own a car, you need to pay for parking and if you think parking fees are too high, park somewhere else or do not have a car. But arguing a EUR 61 fine/tax for not having complied with the rules is almost abusing the legal system. However, if you are right, you are right. Then again, if you are right/wrong and you continue the legal argument over a parking ticket to the higher court is something I find difficult to understand. There are enough theft, robbery and other crimes that should be handled by the court then a EUR 61 parking ticket.

 

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