Many people have received a notification for a fine relating to an infringement committed by a car. with the same license plate of one’s own, but in a city where you’ve never beena decidedly unpleasant experience. This problem can arise from various factors, such as a detection error, a transcription error, or even the cloning of your license plate. What to do in such situations? Let’s try to clarify it together.
Most common causes
The most common causes which can lead to this type of inconvenience, are generally attributable to:
a Error reading the license plate: sometimes, license plate recognition systems can make mistakes, especially in conditions of poor visibility or if the license plate is partially obscured;
cloned license plate: in some cases, it could be a vehicle with a cloned license plate, that is, one modified ad hoc by some criminal in order to be able to transgress the Highway Code with impunity, or, worse, commit some malicious act;
material error: even simple errors in data transcription can lead to the issuing of incorrect fines.
What to do
Once the initial moment of surprise/panic/dismay has passed, it is best to intervene immediately, proceeding as follows:
check the minutes carefullychecking all the data reported, in particular the license plate of the vehicle, the place and date of the violation. Any error could, in fact, be a valid reason to contest the fine.
Self-defense appeal: file an appeal to the command that issued the fine, requesting the cancellation of the act as illegitimate or unfounded: in essence, you ask the body that issued the act to re-examine it for possible revocation or cancellation. From experience, a phone call to the command in question, calmly explaining the problem and asking how to proceed, can make things simpler and help create less anxiety.
THE advantages of the self-defense appeal are different, as it allows to obtain the cancellation of the fine without having to face the legal costs of a trial, as it can be presented personally by the taxpayer, even without the need for a lawyer.
In case of license plate cloning: if you suspect that the fine was issued to a vehicle with a cloned license plate, it is advisable to file a complaint to the competent authorities. The complaint, attached to the appeal, can strengthen one’s position.
Collect the evidence: try to gather as much evidence as possible to support your case. In this sense, witness statements, invoices or other documents that attest to your presence, and that of the vehicle, in a different place at the time of the infringement could be useful.
The appeal must be submitted to the command of Municipal Police, Carabinieri or Police who issued the fine. It is also necessary to send a copy to the Prefecturesince the investigating body can order the archiving only of documents that have not yet been formally notified, as in the case of a notice of seizure issued by mistake. Furthermore, the body that carried out the investigation does not have the power to order the archiving.
Appeal to the Justice of the Peace: if the self-defense appeal does not have a positive outcome, you can contact the Justice of the Peace within 30 days of notification of the report.
Evaluate the assistance of a lawyer: in particularly complex cases, or if the fine imposed is high, it may be preferable to contact a lawyer with experience in the matter.
Who to submit the self-defense appeal to
The appeal must be lodged against the same Municipal Police Command, Carabinieri or Police who issued the fine. The application must also be sent to the Prefecturesince the investigating body can order the archiving of only those documents that have not yet left its sphere, as in the case of a notice of seizure compiled by mistake. Moreover, the body that carried out the investigation can never order its archiving.
In the appeal it must be declared that it was a mere material error or that there is a vehicle in circulation with a cloned or falsified license plate. Therefore, the request will be to archive the minutes.
Attention: although it is most often decisive, an appeal for self-defense does not suspend automatically neither the terms for appealing to the Prefect or Justice of the Peace, nor the terms for making the payment. In practice, if you do not receive a response, since silence does not mean that the appeal has been accepted, all that remains is to appeal to the Prefect or Justice of the Peace or make the payment.
So, you have them available 30 days from the contestation or notification of the report to appeal to the Justice of the Peace; 60 days from the contestation or notification to appeal to the Prefect: in this case, as you can imagine, you can wait for the possible response to the self-defense appeal for a longer period and, in the unfortunate event of rejection, it is possible to present a new appeal to the Justice of the Peace.
It is essential strictly adhere to the terms indicated in the minutes, since the deadline is an essential element for the admissibility of the appeal.
Fine in ZTL
How to defend yourself in the event of a fine for parking or driving in a restricted traffic zone in a municipality where you have never “put rubber” on your car? To demonstrate your “innocence”, you can first ask for a copy of the photo taken by the detection device, from which you can check whether it was a typing error by the person reporting the crime or a cloning of the car’s license plate. In this second case, it is a good idea immediately file a complaint against unknown persons and then send it to the Police, asking for the cancellation of the fine. In the event of a material error, the Police itself will have to rectify the report upon notification by the user.
Get a copy of the photo
The right of access to the photo taken by the detection device is a right established by privacy legislation. You can request a copy by submitting a specific request to the entity that issued the fine, via registered mail with return receipt, or by certified email.
The document must contain the applicant’s identification datathose relating to the report (number, date, place), an explicit request for a copy of the photo, the indication of an address to which to send the copy. The deadline for responding to the request is usually 30 days. Please note that not always the institution is required to provide the photo in high resolutionbut only an image that allows the vehicle to be identified.
Costs of an appeal
The costs associated with an appeal may vary. depending on the complexity of the matter and the procedural phase. In general, the following must be considered:
revenue stamp: fixed fee that must be placed on the appeal, which varies according to the amount of the fine;
notification costs: if you decide to have the appeal notified by official means, you will have to bear the related costs;
legal compensation: if you decide to contact a lawyer, you will have to plan to cover the costs of his/her assistance
assistance.
It’s important carefully evaluate the costs of the appeal and compare them with the amount of the fine. Sometimes it may not be worthwhile to appeal if the costs exceed the amount to be paid.