Appeal to the Prefecture or Justice of the Peace? How to choose to cancel a fine.

Beyond the disappointment, receiving a fine raises a series of questions about how to proceed, especially if you believe you're in the right. Faced with a disputed fine, citizens have two options for defending themselves: appealing to the Prefect or to a Justice of the Peace . Both options are available for having the fine overturned, but they differ in terms of time, cost, procedures, and defense strategies.

In all cases, the appeal must be formally drafted, using clear language and as complete a content as possible. Those wishing to proceed independently can rely on online templates, often published directly on police headquarters websites, which provide useful examples for drafting. Alternatively, one can consult a professional such as a lawyer or a consumer association. It goes without saying that a fee or service charge must be included.

Appealing to the Prefect, free but risky

Appealing to the Prefect is free, direct, and free of legal formalities. It can be filed within 60 days of notification of the fine or, if filed immediately on-site, of the contestation. It can be sent by registered mail with return receipt or presented to the authority that issued the fine, which then forwards it to the Prefecture with jurisdiction over the area. A lawyer is not required, and there is no fixed fee or stamp duty to pay. In practice, it is a preferred route for those who wish to contest the fine simply, quickly, and at no cost.

This simplicity has a downside: the Prefect is not an impartial third-party body , but an administrative authority that is closer to the enforcement officers than to the citizen. In fact, the Prefect can accept or reject the appeal based on the documents submitted by the police and the user's observations, without any oral discussion.

If the appeal is rejected, the Prefect has the power to double the fine and apply the maximum fine allowed by law. In this case, the driver not only loses the case but ends up paying a much higher sum than the original one.

Silence-assent in appeals to the Prefect: what it is and when it applies

A characteristic of appealing to the Prefect is the possibility of applying the so-called "tacit consent" clause. If the Prefecture does not respond within 120 days of receiving the appeal, or 180 days if it was submitted to the inspection authority, the appeal is considered accepted and the fine is automatically cancelled.

This principle provides procedural protection, but it does not always guarantee rapid processing times or certainty of outcome, as some administrations remain ambiguous in their management of deadlines. Conversely, the Justice of the Peace, while more expensive and complex, offers certain deadlines, a reasoned report, and the possibility of appealing to the ordinary court.

Appealing to the Justice of the Peace, more expensive but with greater guarantees

Appealing to the Justice of the Peace is a legal proceeding that must be initiated within 30 days of notification of the report, or within 60 days if the recipient resides abroad. In this case, too, the presence of a lawyer is not mandatory, but it is recommended when dealing with complex issues or when seeking to maximize the chances of victory.

The appeal can be filed at the court clerk's office or sent by mail, but a fixed fee is required. This fee is €43 for fines, plus a €27 stamp duty for disputes exceeding €1,100. Despite the costs, this procedure allows you to personally present your version of events, present evidence , witnesses , and documents , and obtain an impartial assessment from a professional judge.

The Justice of the Peace can decide in a public hearing and takes into account common sense and proportionality , as well as applicable law. If the appeal is rejected, the judge cannot impose a doubling of the fine, but can only confirm the initial amount indicated in the report, possibly adding legal costs. The financial risk is thus lower than with the Prefect and represents a form of protection for drivers who believe they have legitimate reasons to appeal.

Among the most common and valid reasons for contesting a fine are necessity, errors or irregularities in the assessment of the violation or in the notification of the report, as well as failure to immediately contest the fine when it is mandatory or insufficiently justified.

To these reasons, other circumstances may be added, on a case-by-case basis, that justify the objection. In every situation, the citizen wishing to defend himself must provide concrete evidence to support his claims—whether documents, testimonies, or expert reports—unless the invalidity of the report is so evident as to be indisputable.

When is it best to contact the Prefect?

The driver cannot choose both options simultaneously. They must opt for only one form of appeal , and filing one automatically excludes the other. The alternative remedies are a mandatory rule, and filing two appeals may result in both being inadmissible.

Generally speaking, it's advisable to contact the Prefect when the report contains obvious formal errors , such as errors in the license plate, date, or location of the violation, or when there's compelling written evidence of the inspector's error. In these situations, the administrative route is quicker and less costly, also because the Prefect's chances of rejection are reduced if the error is objective and documentable.

When is it best to choose a Justice of the Peace?

An appeal to the Justice of the Peace may be filed by the person who committed the violation or the offender, but also by the vehicle owner or by anyone jointly liable, such as a usufructuary, a purchaser under a retention of title agreement, or a user under a leasing agreement. In cases where the violation was committed by a minor, the parent or person exercising parental responsibility is entitled to file an appeal.

In the case of a more technical or subjective dispute, such as alleged red light running, disputes without a vehicle being stopped, speeding violations, or questions of interpretation regarding driving behavior, the Justice of the Peace is a more appropriate forum to discuss, argue, and defend one's case. In this context, a hearing and the opportunity to explain one's position can make a real difference.