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Identity Theft

Posted by maisies dad - Created: 3 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by maisies dad - 3 years ago

Yesterday my wife received notification that the authorities accepted that an error had occurred and that the original 2011 speeding fine of 90€ was appropriate instead of the 386€ accumulated amount. Thank you AIKB and Maggie . 

I await news of the other offence in Lyon on 23/2 when we were 1200 kms away.

 

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Posted by maisies dad - 3 years ago

Thanks for the advice AFJP.  What we have done on the 2011 speeding offence is to join AIKB. Maggie spoke with the administration in Vannes following their advice she did a letter in French for us explaining why the original 90€ fine had not be paid ie although the offence is admitted for some reason the avis is in her maiden name and that the first paperwork we received was a few weeks ago. Vannes seemed sympathetic but we will see.

On the parking offence in Lyon I have followed the procedure outlined in the Gouvt Fr website, downloaded and completed their form. Essentially I have advised that although its my registration its not my vehicle ie Not Volkswagen as stated and I will enclose the Carte Gris of the caravan. Furthermore we were 1200km away in Spain.  

 Thanks for all your interest and advice I will update as things progress.

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Posted by AFJP - 3 years ago

Good evening,

In reply to your  posting :

Should you need to contest a  traffic fine with penalties " une amende majorée " AFTER the cancellation of the initial "procès-verbal", you should send a registered letter to the "Officier du Ministère Publique", competent within your "geographical jurisdiction", ie "Vannes). Not to the "OMP" of where the infraction is supposed to have  taken place.  This is normally the Tribunal de Proximité/Tribunal de Police.

This "réclamation" should be done within 30 days from the time of the "avis" being sent out , and NOT at and from the eventual  date that you received it ...

Your letter of "réclamation" should include why you are contesting this/these fines. Then also state under which circumstances you consider that the fine should be cancelled/annulled.  I think many gave you ideas of what could be construed as  "proof" in the posting

You should also, if possible attach the original of the initial fine "PV", as well as if you have that the original notification of it having been cancelled (classement sans suites) emanating from the Officier du Ministère Public, or the annulation of the "PV" decided by the Tribunal de Police   Just additional info and observations :  

As already mentionned, a "PV" can  normally only be contested in adressing your "réclamation" to the "OMP"

Once your "réclamation" has been received by the "Parquet", the OMP must advise the Trésor Public (tax office) that a réclamation has been received.  This in turn means that all further procedure to recover the amount and additional application of penalties  must cease. (Article R49-8 of the Penal code)

The OMP then decides whether your réclamation is justified and then can either decide to pursue or abandon any further charges against you, this means that the "PV" is cancelled.

The same can apply when a decision has already been taken by the Tribunal de Police that it is also annulled, when argued and with all the relevant documents to support your "requête"

The  final decision "judging" this cancellation is always addressed to yourself.

However, it can also happen that for "administrative cross purposes", you could receive a new "avis de contravention" mentionning the penalties for your fine,and that can also be in turn contested.

I am curious as to your first "contravention" dating to October 2011 ?  Received only recently ?

Normally, you would've have a decision from the Tribunal de Police if you had not paid it, quite a long time ago ....  If you hadn't received the decision yourself, it is also possible that it was handed over the your local bailiff, who you would've heard from in no uncertain terms ...  Unpaid traffic fine business is just another "line" in the French Bailiff's "range" of recovering debts ...   Concerning the "doublettes"   If you are a victim of a "usurption de plaques d'immatriculation", you will need to get together all proof that you were not in that place on such a date and at such a time. If  you were "flashed", you can request to see the photo to prove that it was not your vehicule in the photo. You can as CdG writes  lay a formal complaint at your local Gendarmerie (ask for the PV number and copy of your "plainte", then go to your local Prefecture with copy of your "plainte" and request a new registration number.  This is free  Finally, also send a copy to the "OMP, as per procedure already given above, not forgetting to also enclose a copy of the police plainte  as well as any other proof that you may have ... to justify your situation.  "Kanak" also gave you good advice.     I hope this helps

 

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Posted by cherylann morris - 3 years ago

Just to add we did not give in easily I never would.We even had a letter from the maire stating we were at home all day but even that did not work!!!!

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Posted by maisies dad - 3 years ago

Its an Avis De Contravention and on closer inspection its for a parking infringement which caused an access problem to another vehicule.The sad thing is we had an appointment with a Spanish notaire on the date which he rescheduled for 2 days later.

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Posted by chef du gare - 3 years ago

"Secondly, a couple of days ago I received a similar letter alleging that on 23 February 2015 my Volkswagen had been involved in an accident in Lyon which was my fault and I had been fined45€. I have never owned a Volkswagen and on the date in was about 1000 miles away."

The letter you received as above, was it an Avis d e Contravention or was it from an insurance company as well. Either way you need to take the carte gris for  the caravan and your own car(s) carte gris as well to the Gendarmerie to show that none of your cartes relate to a Volkswagen. If you have a camera with holiday snaps take that as well, because if its more modern than a box brownie it should show the date and time when the photos were taken. It is a matter of demonstrating beyound reasonable doubt and on the balance of probability that you were not at the place of the alleged incident. Your bank statement should show when transactions using your debit card where made ( this is normally within minutes whereas a credit card can be longer) 

Hope this helps, don't dispair , you're not the first and definitely not the last!!

CdG

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Posted by camion - 3 years ago

Yes, maybe also if you have a receipt for the booking of the villa, I know to them that doesn't necessarily mean you were actually in the villa, but that with other things maybe too much of a coincidence for them to ignore?

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Posted by maisies dad - 3 years ago

Thanks Camion. I intend sending the the photo with a copy of the carte grise. We were in a villa and did not use the telephone or a credit card on the day of the alleged offence. The only other thing I can think of is sworn affIdavits from people in Spain.

I have a week and more to come up with additional proof and I am trying to remember the dates we had appointments with our bank manager, solicitor and estate agents which was around that time.

 

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Posted by camion - 3 years ago

Just another thought, the make & model of your vehicle and the reg. plate number is all on your carte gris , I would photocopy that to send as proof too.

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Posted by camion - 3 years ago

Maisies dad- I am sure you have thought of this, but did you buy anything using a credit card/bank card on the date of the fine/accident in Spain, or did you make a phonecall from you phone from Spain, were you on a campsite that you have a receipt for, or that the owner can vouch for you?