You got a parking fine, but the prohibitory sign was not there, was covered by a branch, faced the wrong way, or contradicted another sign right next to it. The law rests on the driver’s duty to follow traffic signs. That assumes the signage was in place, visible and unambiguous. If it was not, an appeal is called for.
When an appeal makes sense
Not every fine is worth challenging. A few typical situations are worth a closer look:
- The prohibitory sign was missing or was not physically present at the time you parked.
- The sign was covered by a branch, a poster, another vehicle, or was otherwise unreadable.
- The signs contradicted each other, for example one sign allowed parking and another in the same stretch prohibited it.
- An additional panel was missing that would have specified who the prohibition applies to, or at what time it applies, and without it the signage was confusing.
- The parking machine was out of order or did not allow payment in the usual way, no other option was at hand (such as mobile payment), and you can document that.
- You had a valid entitlement (resident card, ZTP card), but the official did not have it available at the time of the check or overlooked it.
If your situation is close to any of these, do not accept the fine automatically. Look into the matter further.
Why unclear signage works in your favour
The duty to follow traffic signs comes from Section 4(c) of the Road Traffic Act. That duty only works where the signage is actually placed so that the driver can recognise it in time and reliably. If the administrative authority claims you breached a specific prohibition, it must be able to show that the sign was actually there and that you could recognise it in time and reliably. Whether the signage was installed according to all technical regulations is not examined in the offence proceedings. What counts is what you could actually see at that moment.
You need your own evidence of the state of the signage at the moment you parked, not a few days later, when the situation may be different (sign repaired, obstacle removed, and so on). Photographs with a visible date and time, ideally from several angles, are your main tool in a dispute of this kind.
The law puts it this way: when taking part in traffic on roads, everyone is obliged to:
How the proceedings work and what the deadlines are
A parking offence is handled in three ways, depending on how the fine arose. They differ in deadlines and in how you defend yourself. The first step is to find out what you received.
On-the-spot order (formerly the ticket procedure). If an officer finds you on the spot and you agree with the offence, the matter is settled with an on-the-spot ticket. An on-the-spot order under Section 91 of the Act on Liability for Offences can be issued only with your consent, and signing the on-the-spot ticket makes the decision final. Neither an objection nor an appeal can be filed against it, and judicial review is generally excluded. If you do not agree with the offence, do not sign the ticket. The matter then goes into standard offence proceedings. The terms "ticket fine" (bloková pokuta) and "ticket procedure" (blokové řízení) are still commonly used, but they disappeared from the statute as of 30 June 2017.
Order delivered by post or to a data box. If the fine arrives later, it is usually an order. If you disagree, you can file an objection against it within 8 days of the date of its notification. Filing the objection cancels the order and the matter is heard in standard offence proceedings, where you can submit evidence and comment on the case. The same principles apply that make an effective complaint: concrete facts, documented evidence and a clearly worded request.
Invitation to pay a specified amount. The most common letter for parking incorrectly is not an order, but an invitation to the vehicle operator under Section 125h of the Road Traffic Act. You recognise it by the fact that it calls on you to pay a specified amount within 30 days of delivery of the invitation and offers that if you pay within that period, the matter will be dropped. You do not file an objection against it, because it is not a decision. Nothing is cancelled. No eight-day deadline runs. You have two options: pay and be done with it, or not pay and state who was driving the vehicle. If you do neither, the authority will open offence proceedings with you as the operator. Only then do you defend yourself in the usual way.
Appeal against a decision after a hearing. If the matter goes through the full proceedings and the authority issues a decision you disagree with, you have the right to file an appeal within 15 days of the date of notification of the decision. It is filed with the authority that issued the decision, even though its superior (typically the regional authority (krajský úřad)) ultimately decides it. Sending it straight to the region is a common mistake that costs time.
The deadlines are short. Do not leave the decision whether to defend yourself until the last moment.
Practical step-by-step procedure
- If you are on the spot and you disagree with the offence, do not sign the on-the-spot ticket, even though it is the quicker option. By signing you give up the chance to defend yourself.
- Photograph the signage on the spot from all angles, including the wider street context, and if relevant also what was covering the signage.
- Note the exact time and date, and if possible describe the situation while it is still fresh in your memory.
- Look at what you actually received. An invitation to pay a specified amount is not a decision. You either pay, or you name the driver. There is nowhere to file an objection. Against an order, file an objection within 8 days of its notification.
- In the follow-up proceedings, submit the photographs and clearly describe why the signage was unclear, missing or contradictory.
- If an unfavourable decision arrives, consider an appeal within 15 days of its notification, ideally backed by the same evidence.
- Before appealing, also consider whether the amount of the fine and the time you will put into the dispute match the expected benefit. With low amounts it may be more a matter of principle than a real saving.
What to do next
The eight-day deadline for an objection runs out quickly. Drafting one at the last minute is no fun.