When you receive a ticket, you tend to pay the amount requested, especially when it is increased. But this letter can change the situation.
Receiving a contravention notice at home is a rather common thing when you have a car. Embarrassing or not paid parking, speeding … The causes are many and all drivers in fact the price. But few dare to contest this type of fine. “”In general, I am not really trying to debate, I pay the amount requested, and I get rid of it because I am too afraid to wipe a refusal or to be increased “says Damien, 35 years old. Indeed, if we do not settle on time, the fine is increased. So, “For a fine of € 35 (abusive and annoying parking), the amount increases to 75 euros“, Specifies the public service site.
However, it is possible, in some cases, to challenge this increase, especially if another person that was driving the vehicle or if you simply do not agree with the facts. But another argument can also play in your favor, especially if you have not received the initial fine. Indeed, it sometimes happens to receive a increased fine without having received the first. On the tiktok @lois_et_chandelles account, the specialist recalls that article 1353 of the Civil Code stipulates that “the one who claims the execution of an obligation must prove it”. Consequently, a letter specifying certain law elements allows the reprimanded driver to oppose this increase.
Madam, Mr. Public Prosecutor’s Officer, I would like to ask you in order to contest the increase in the N ° contravention (reference of the increased fine) of which I was recently informed via a notice to third party holder on my bank account. However, I have never been a recipient of the initial contravention notice mentioned in your procedure for an offense committed (specify the date and time). To date, no proof of reception has been given to me, neither by registered mail nor by any other means attesting to my knowledge of this fine. Also, in accordance with article 1353 of the Civil Code, that which claims the execution of an obligation must prove it. The burden of evidence is therefore incumbent on you and without convincing elements, the increase procedure is in questionable law. I therefore ask you for the cancellation of this increase and the reimbursement of the sums unduly taken from my account. Pending your return, please accept, my most sincere greetings.
“To contest a notice of contravention or a increased fixed fine, you must formulate a request for exemption or a complaint with the public prosecutor (OMP)“Specifies the National Agency for Automated Offenses (Antai). This complaint may, in some cases, avoid increase, but it is possible to have to pay the initial fine in the end.
