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John LLB
John LLB, Solicitor
Category: Traffic Law
Satisfied Customers: 355
Experience:  8 years legal experience
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I received a notice of traffic infringement through my

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I received a notice of traffic infringement through my letter box in London from Italy. There's an orange card attached to the envelope, which requires signing, detaching & sending to netherlands. As I did not sign for the letter can I ignore it
JA: What state was the citation in? And have you consulted a local attorney?
Customer: It says it's from Pisa. I was there for a day but spent most of the time in Vicenza, so am not sure if it relates to Vicenza
JA: Do you need to appear in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: & have not spoken to an italian solicitor as i am in london
Customer: replied 10 days ago.
Hi,
Many thanks for your urgent advice on:-

1. whether a letter from Italy “Verbale di Cotestazione” has to be signed for in England?
2. If I have received it but not signed for it am I obliged to pay the traffic violation ?
3. It is cheaper if paid in 5 days, but there is no proof of date received, so can this be enforced?

Thanks again
Helene

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

oh actually, outside my jurisdiction. I will opt out.

Hello welcome to Just Answer.

Please just be aware this is not a chat service so there may be delays in responding.


Verbale di Cotestazione means you have a chance to dispute it but you have to take this seriously or the costs may escalate. You have not mentioned what the traffic infringement is for i.e. speeding or parking nor have you mentioned when the offence occurred.

 


But your options are as follows. If it is an offence you have committed the best option for you is to pay it and conclude matters. This is because the fees payable will double if you do not respond in a certain time and the matter is enforceable as the Italian authorities can instruct debt collection agencies to issue against you in a UK court.

 

If you dispute matters, you need to be able to evidence why you dispute it. Evidence means supporting documentation and not merely allegations. If it is a speeding offence there is a website available where you can actually see if you were the driver or not but my point is they would not have sent you the letter unless they were certain you were at fault therefore disputing it will also increase the fees payable, so if you are disputing it is essential you have evidence to show why you are not at fault.

 

If it is for speeding, Italian authorities have up to 1 year to issue the ticket. The 1 year starts from when they have knowledge you were speeding for example if you were driving a rental vehicle they would need to contact the rental company first to get your details and the 1 year will start from when the rental company passes on your details and not from the date of offence. The rental company are also under no obligation legally to inform you of this in time.

 

My advice to you is to pay it as it will be cheaper long term however if you feel you were 100% not at fault, then you’ll need to dispute it but ensure you have evidence to actually support this.

 

 

Please let me know if I can clarify anything for you. In the mean time please take a moment to provide a positive rating for me I would be grateful and do return to the site if you have any further questions. Kind regards, John.

Customer: replied 10 days ago.
Many thanks
The offence was driving through a restricted traffic zone without authorisation (but we had absolutely no idea about this) in August 2019. BUT...
1. does this letter from Italy “Verbale di Cotestazione” have to be signed for in England?
2. Surely they dont know if I've received it?
Customer: replied 10 days ago.
dont need to speak but txs

Hello the phone call is automated and outside my control. Please ignore it.

You can ignore it, but do so at your own risk. They only have to show proof of postage and not receipt and this can easily be confirmed. If you ignored it, and they can confirm the matter was poster they would have a valid claim to pursue you through the UK courts. Kind regards, John.

Customer: replied 6 days ago.
What are your thoughts on me saying that I'm happy to pay but for GDPR compliancing purposes would they please inform me first of all the data systems that manage my personal data?
Does asking this freeze the time period for the escalation of the fine?
many thanks

Hello, please provide a rating so I can answer any follow up questions or alternatively you have the option of creating a new thread. Kind regards, John

John LLB, Solicitor
Category: Traffic Law
Satisfied Customers: 355
Experience: 8 years legal experience
John LLB and other Traffic Law Specialists are ready to help you
Customer: replied 6 days ago.
I’ve rated you but was really waiting until we’d finished. Can u answer now?
Many txs

Thank you. The thread now remains open and you may ask as many follow up questions as you want.

 

By confirming you are happy to pay it kind of makes anything after that sentence irrelevant. It would be a different matter if you intended to dispute and the reason being you wanted to check about GDPR compliance, but if you are going to pay then nothing else will matter to them. But in any event, it would not freeze the time period for escalation of the fine, in particularly as it has come as a result of your request. All the information you need to raise payment will have been made readily available and any stalling tactics will not suffice unfortunately. Plus there is no legal requirement to provide it, similar to here in the UK when someone gets caught for speeding, and one requests CCTV etc they can refuse confident in their knowledge that it will get disclosed at litigation. There isn’t anything stopping you from requesting it, but to do so at your own risk.

 

 

Please do let me know if you have any more questions. Kind regards, John

Customer: replied 6 days ago.
Thanks John but I don't quite understand.
1)Let's say I remove that first sentence & just ask the question. What then?
2) Are you saying that in Italy there's no requirement for them to inform me of all the data systems that manage my personal data for GDPR compliancing purposes?
3) Are you saying that asking this question will not freeze the time period for escalation of the fine, pending their reply?
Customer: replied 6 days ago.
Many thanks
Customer: replied 5 days ago.
when can you reply to...
Thanks John but I don't quite understand.
1)Let's say I remove that first sentence & just ask the question. What then?
2) Are you saying that in Italy there's no requirement for them to inform me of all the data systems that manage my personal data for GDPR compliancing purposes?
3) Are you saying that asking this question will not freeze the time period for escalation of the fine, pending their reply?
Thanks

Hello. No, not that there is no requirement but rather no obligation at this stage, and that is correct it will not freeze the time, especially if you are confirming you will pay. If you are disputing you’ll pay then that will only serve to escalate costs to you. You just need to be careful when dealing with this type of fine, as they can get out of hand quickly. Regards, John

Customer: replied 5 days ago.
so are saying that
1) if I ask the question it does not freeze the time for escalating costs, pending the answer?
2) this is irrespective of whether I agree to pay or not?

Yes this is correct. If you agree to pay it certainly won’t freeze the time as they’ll expect payment and if payment isn’t received it’ll escalate costs.

If you do not agree to pay, it delays matters and the costs will escalate. Only take this option if you have sufficient evidence to do so. Otherwise it is a lose lose situation unfortunately.

Customer: replied 5 days ago.
What evidence would be needed to stop this?
Sadly I may have done it several times without realising. Any chance of any discount because of this?
Are things likely to change if Brexit happens?
Customer: replied 4 days ago.
Resent
What evidence would be needed to stop this?
Sadly I may have done it several times without realising. Any chance of any discount because of this?
Are things likely to change if Brexit happens?

If you are disputing the contravention you need to be able to show why you are disputing it, I cannot say which evidence is needed as it would be for you to know the reasons for your dispute.
It is also unlikely for any discounts to be applied and Brexit will not influence traffic offences.
If you are concerned about numerous offences occurring, and you are concerned about the costs associated with this, outside speaking with the relevant authorities, you would have to consider whether to take your chances in court and let a judge decide. It becomes a quantum issue rather than a liability issue in that you admit to the offence but not necessarily to the amounts of the fine therefore you would need to say, but this matter would be at the discretion of the court.

Customer: replied 4 days ago.
What reasons for dispute are acceptable?
What is your knowledge about the outcome of quantum disputes in court?
Txs

It is a difficult question to answer as each case is different. It depends on why you’re disputing the matter for you to know the reason. I would not know that or what evidence you wish to bring.
Regarding quantum disputes, there really is no reason for a fine to be reduced at court unless it is deemed excessive and that is the court’s discretion.

Customer: replied 4 days ago.
It was basically because of ignorance. Is that a justification?

Unfortunately no, that would not be a sufficient justification for any contravention.