Enforcement action against ‘parked’ Volvos possible | comments

It’s a shame to see such a unique car languish. In that article I read a cautious response from the municipality. Apparently there is still a parking exemption in the blue zone for this car, it is ‘normally’ parked there according to the municipality.

With this contribution I offer suggestions to break this deadlock, based on the facts as they follow from the article. It appears that there are several violations that give the municipality enough tools to take action. As a result, the car can be removed and the parking space is available again.

Payment obligation to the owner

First, the parking exemption within the blue zone is reserved only for residents of that blue zone. The resident who owned this car has died and his house has been sold. Therefore the parking exemption can be removed, as it is not allowed for anyone other than residents of this neighborhood to have a parking exemption.

After the parking exemption is revoked, the vehicle owner may be fined. Issuing fines regularly creates an obligation on the owner to pay. If he doesn’t pay, the municipality can collect fines. One of the measures that the municipality can take is to seize the property of the offender, for example a car.

Is there parking or storage?

Furthermore, the question is whether there is ‘parking’. Parking suggests a certain temporality. That is not the case in this case. It argues that there is a ‘storage’ of an unused car on a public road. The municipality can also take action against this.

Finally, the destination is the ‘traffic/residential area’, where parking is allowed. Now that there is a possibility that there is no parking, the municipality can also take enforcement actions based on the zoning plan. For example, by imposing penalty payments or using administrative coercion. Administrative enforcement means that the municipality acts on its own and removes the vehicle, at the expense of the offender.

The offender can then get the car back after paying those costs. If he doesn’t, the municipality can cover the cost through the public sale of the car.

Risks to municipalities are manageable

Usually, the owner can take legal action against all these municipal actions. But if the municipality forcibly takes the wheel into its hands, the owner can choose to get his money’s worth and proceed with the removal himself. Otherwise he runs a very expensive risk.

If the owner still does not respond, the time limits within which he must initiate the procedures will expire and the problem will also be resolved within the foreseeable future. After all, the municipality has removed the vehicle, whether due to seizure or removal based on administrative enforcement. The financial risks for the municipality can be controlled, as it is a unique vehicle that certainly represents a certain value.

Ivo van der Meer is an administrative law attorney at Rotshuizen Geense Advocaten.