Can I pay a fine at the exchange rate on the date of the offence?

FlitwickBeds

On 23rd July 2016 we were driving around Italy in a hire car. We accidentally strayed into a ZTL (traffic controlled zone). We are not disputing this happened, we realised at the time, informed the car hire company, and expected a fine to arrive at our UK address in due course.

Fast forward to last Saturday, 19th August 2017. A knock on the door woke us up and, to our delight, the fine we'd totally forgotten all about from 13 months previously arrived. Yay! €106.70 if paid within 5 days of receiving the letter.

At the exchange rate on the day of the offence, that's £89.32.

However, now we've taken back control (!), the fine when we actually paid it yesterday (23rd August 2017) is £98.36.

So my question is, where would we stand legally if I'd only paid £89.32, bearing in mind the delay of 13 months in the fine getting to us?

dj1471

If you'd only paid £89.32 then legally you'd still owe around €9.79.

pogofish

FlitwickBeds wrote: »

So my question is, where would we stand legally if I'd only paid £89.32, bearing in mind the delay of 13 months in the fine getting to us?

I think its fairly safe to say that legally, you have been taken for a complete and utter mug.

Minor Italian "fines" are pursued in the UK via a British-based private debt collector with a foreign name and precisely no powers whatsoever to enforce anything!

I also remember that even for legit/proper traffic fines covered by reciprocal legislation, they have to inform you within 12 months, in the appropriate language, with full payment info for Italy only. So it looks like at thirteen months, they have out-timed themselves.

The Pepipoo forum is probably the best place to go for the most up to date info on these matters.

unholyangel

pogofish wrote: »

I think its fairly safe to say that legally, you have been taken for a complete and utter mug.

Minor Italian "fines" are pursued in the UK via a British-based private debt collector with a foreign name and precisely no powers whatsoever to enforce anything!

I also remember that even for legit/proper traffic fines covered by reciprocal legislation, they have to inform you within 12 months, in the appropriate language, with full payment info for Italy only. So it looks like at thirteen months, they have out-timed themselves.

The Pepipoo forum is probably the best place to go for the most up to date info on these matters.

http://www.euroconsumatori.org/82058d82507.html

Art. 201 of the Italian Road Traffic Code foresees a time limit of 360 days for the notification of the fine departing from the ascertainment of the infringement. From the context of the article, one can deflect that if the foreign driver of an Italian rental car who was photographed while speeding, might receive the notification even after 360 days, if the fine was notified to the car rental company within the limit of 90 days foreseen for national notifications, and the company had yet to disclose the identity of the driver.

<snip>

A Council Framework Decision of the European Union (2005/214/JHA) provides for the mutual recognition of financial penalties - including traffic fines - in the EU. The competent authorities in the State of residence of the offender should recognise the fine without any further formality being required and shall take all the necessary measures for its execution. Only for certain reasons, the order can be refused, for example, if the financial penalty is below 70 Euros.

OP sorry but you were fined in euros, not GBP. One thing to be wary of though is (as advised on the webpage I linked above) is that the hire company may charge a fee also for disclosing your details to the authorities in italy.

Geoff1963

Make a claim against the UK Treasury.

SuperHan

You don't owe £98, you owe €106.70. The problem is you don't have €106, so you have to buy them before you can hand them over.


The exchange rate is likely irrelevant to the hire company (they may have settled in euros from a euro account, or if they've not paid, the Italian government are definitely not interested in your sterling amount - they won't receive enough when they convert to euros, so you won't have settled the fine amount).

ScorpiondeRooftrouser

pogofish wrote: »

I think its fairly safe to say that legally, you have been taken for a complete and utter mug.

Minor Italian "fines" are pursued in the UK via a British-based private debt collector with a foreign name and precisely no powers whatsoever to enforce anything!

I also remember that even for legit/proper traffic fines covered by reciprocal legislation, they have to inform you within 12 months, in the appropriate language, with full payment info for Italy only. So it looks like at thirteen months, they have out-timed themselves.

The Pepipoo forum is probably the best place to go for the most up to date info on these matters.

I imagine it's the car hire company billing him for reimbursement as per contract. They will pay the traffic fine.

Blackbeard_of_Perranporth

Brexit!!!!!!

steampowered

Blackbeard_of_Perranporth wrote: »

Brexit!!!!!!

Will make absolutely no difference!

For example if you incur a traffic fine in a rented car while driving in the US, the US car company will pay it and invoice you for the privilege ...

eddddy

ScorpiondeRooftrouser wrote: »

I imagine it's the car hire company billing him for reimbursement as per contract. They will pay the traffic fine.

steampowered wrote: »

For example if you incur a traffic fine in a rented car while driving in the US, the US car company will pay it and invoice you for the privilege ...

Most car rental companies insist on a credit/debit card, plus an agreement from the hirer that they can subsequently charge the card for traffic fines etc. So no letter demanding payment should be required.