How to contest incorrect speeding fines in France
Have you fallen victim to a defective camera or incorrect information? Here is what to do
One of the easiest ways to contest a speeding fine in France is via the ANTAI website
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A flash when you were driving slowly, a fine for a day you weren’t even on the road…wrong speed camera fines are a real concern for drivers. We explain how to contest an incorrect notice in France.
It comes after a speed camera in the commune of Lachapelle-sous-Rougemont (Territoire de Belfort, Bourgogne-Franche-Comté) recently became the latest to cause consternation after it started ‘flashing’ people who were driving under the road’s speed limit of 90 kph.
The incidents happened between September 11-12, on around 800 metres of the RD 83 route. It was discovered that the road’s automatic speed camera had been wrongly set to detect vehicles going above 50 kph, when the road’s actual speed limit was 90 kph.
The departmental prefecture contacted the speed camera’s managing company, which deactivated the device. The prefecture also confirmed that anyone who was ‘caught’ by the camera would have their fines cancelled, and would not need to personally contest them, reported l’Automobiliste.
But what if you have been driving in France, and find yourself with a speeding fine that you strongly believe - or know for certain - is incorrect?
There is a set process for contesting fines, to avoid having to pay or suffering other consequences, such as a loss of driving licence points.
How to contest incorrect speeding fines in France
Firstly, remember: If you want to contest a fine, do not pay it first.
Rules on this changed in France recently. Now, if you pay the fine, this is seen as an admission of guilt. Your case will be closed, and you will not be able to contest it afterwards.
However, even if you do contest a fine, you may still be asked to pay a deposit (‘consignation’) in the meantime. If you win the case, you will later receive a letter from the public prosecutor, which you can use to receive a refund of the amount paid.
What can I contest?
You cannot contest the fine amount, but you can contest the following:
Fines are automatically increased if not paid within the first 15 days, and then 45 days. If you did not receive the fine notice within this time period due to a legitimate reason (e.g. wrong address), you can also apply to only pay the lower level of fine.
In some cases, you can also apply for the right to pay your fine in installments.
You should keep your address and other details up to date to avoid any fines accidentally going to the wrong place. This can be updated online; our article here explains how.
Where do I contest a fine?
You can contest a fine in one of five ways:
Via registered letter, enclosing the original notice of the fixed fine
By letter addressed to the public prosecutor (address on the fine)
Online on the ANTAI website (Agence Nationale de Traitement Automatisé des Infractions)
Via the new Flash Radar app
By telephone on 08 11 10 20 30 (0.05€/min + cost of a normal call, within France)
What if I am only visiting France or not a resident?
Police can legally ask people without an address in France to pay speeding fines upfront.
If you are not a French citizen or resident and get caught speeding, but believe this is wrong, you can refuse to pay. However, in this instance you may have your vehicle confiscated for 24 hours while the local public prosecutor’s office considers the case.
If you do receive a notice from France to a foreign address, you have one month extra - in addition to the time limits stated on the notice - to contest a fine, explains the ANTAI website.
Fine challenges
Several million speeding fines are issued each year in France, and there have been a number of high-profile cases of incorrect speeding and other driving offence fines recently.
This includes a driver who successfully challenged a fine in court, after proving that he had not been on the road at all on the day he was supposedly photographed speeding.
Similarly, one man in northeast France recently chose to contest an alleged fine after police mistook his hearing aid for an illegal hands-free phone earpiece.
