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PV increased not received: how to contest?


RIGHTS OF THE USER - It is not rare that a road user does not receive the mail containing the notice of violation and sometimes even the notice of increased fine. How to request a return to the initial fine?

With the exception of increased notices of infractions noted by automatic speed cameras, reports of violations of the Highway Code are sent to offenders by simple letter.

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The risk of not receiving the mail is therefore greater.

In practice, the public authorities consult the vehicle registration system ("SIV") to send the report by post to the address indicated.

Recall that according to case law, it is the responsibility of the public prosecutor to prove the sending of the notice of increased fixed fine, when the offender claims not to have received it (May 18, 2016, n ° 15-86.095).

You can therefore request from the public prosecutor, who will decide at his own discretion, the return to the amount of the initial fine.

It is also not impossible to negotiate with the Treasury, both to obtain payment terms and discounts on the amount due.

If your financial situation is difficult, you can request, due to financial difficulties, payment delays or a free discount, by contacting the accountant of the public treasury (article 530-4 of the Code of Criminal Procedure).

If the treasury considers the request justified, it can then grant you time limits or render a partial or total free delivery decision, if necessary by applying a reduction of 20% of the sums due.

Keep in mind that in this case you must recognize the materiality of the offense so that you will no longer be able to dispute it and the points relating to it will then be withdrawn from your driving license.

So do your accounts well before embarking on this procedure.

Source: lefigaro

All news articles on 2021-10-22

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