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Speeding ticket in Italy. - not received

Hello,
We were driving our British registered car in Italy c3 years ago, while living temporarily in Austria. Approximately one year later we got a speeding fine and paid it.

Recently after all this time we received a further speeding ticket by post, we responded to the authorities and sent evidence of having paid it. However, it transpires that the more recent ticket was a separate fine which had been sent to our UK address, where the car was registered to.

While we were away we were having our post redirected by the post office. It transpires that the first ticket had been redirected but the second one was returned to the Italian police advising that delivery was refused (the post office hadn’t attempted deliver) rather than redirect it. We were therefore unaware of the fine itself.

The amount of the fine was c€45 but with penalties and charges now amounts to over €150. We advised the collection agency, that it had now been passed to for follow up, the circumstances that transpired. We advised that as we HAD NOT RECEiVED the fine we shouldn’t be held responsible for the excess fees.... In British law they would have to prove that we had received the fine , which of course we hadn’t.

We offered to pay the fine itself without the fees but they have refused to accept that.

Anyone know where we stand on this, especially now that Brexit has happened? We would still be happy to pay the fine itself, which might be advisable? ...without the fees.

Posted by
1025 posts

Seriously, what is your time worth? Unless you enjoy dealing with multiple functionaries on endless long distance calls, just pay the money and move on.

Posted by
23267 posts

This site is primarily followed by North Americans who knowledge of British law in regards to collections, etc. would be extremely limited to point that I would rely on any response or recommendation. Talk with British based legal authority to determine your rights. In the US it would be very difficult if not impossible for a collection agency to obtain a judgement against a US citizen for a traffic violation in a foreign country. But Britain ?????

Posted by
3046 posts

Yet another brick in the "never drive in Italy under any circumstances" wall. This is not seen in the France, GB, Germany, or really any other national forum. It's only Italy, apparently. Delayed tickets. Accumulated fines.

Posted by
11176 posts

In British law they would have to prove that we had received the fine , which of course we hadn’t..........
Anyone know where we stand on this, especially now that Brexit has happened?

I suspect a British lawyer would be hard pressed to answer that question without doing research, (and billing for that time.)

The options I see are: a) try to negotiate a reduction from the 150; but paying only the base fine amount of 45 is not likely to fly

b) If you have an attorney friend/acquaintance run it past him for an estimate of what the 'cost of research' would be to sort out the legalities of the collection agency being able to prosecute a recovery. If attorney fees in the UK are anywhere near what they are here, it is probably cheaper to just pay it.

c) ignore it at your peril

As already noted, a US based forum is not likely to be the best source of legal advice for an issue that spans pre/post Brexit.

Good luck

Posted by
4392 posts

I bet the RAC or a similar organization has a lot of experience in such matters

Posted by
3812 posts

In British law they would have to prove that we had received the fine , which of course we hadn’t..........

But they mailed it to the right address, didn't they? If the UK post office made a mistake you should held the post office responsible for not doing their job properly.

This is not seen in the France, GB, Germany, or really any other national forum. It's only Italy, apparently.

Apparently none of those countries have ZTL areas, but those coming from Countries where drivers study international signs do not get fined. Surprise!