The new PV for “non-designation”, which is flock for a few weeks in the companies, after the excess of speed readings against vehicles of their fleet have been paid spontaneously (without designation, without challenge), do not comply with the text entered into force on the 1st January last. This is what is called a “fraud to the law”, denounces the lawyer Caroline Tichit. “The process is so shameful that he felt it was important to inform the largest possible number. For her, there is no doubt that these new proceedings as they are conducted must cease quickly, because they are groundless and illegal”. And one of the levers to achieve this, it is good to challenge them !
The accusation is serious. In addition, it does not matter which : it is intended precisely for people who do abide by the rules and, therefore, to sanction the breaches, if any… As denounced very early on by Caradisiac, the all-new PV sent out in bulk to companies for “non-denunciation” of their employees would be illegal. And, according to the lawyer Caroline Tichit, who has defended hundreds of cases in this litigation, there is a term to refer to legally what do these new citation, as they are carried out : “it is neither more nor less than a ‘fraud on the law’ !” So little…
However, the agents verbalisateurs Center automated recognition of road traffic offences (Cacir), which officially draw up these minutes from Rennes, simply practice of clicking on a computer screen for the sign and thus validate them. In fact, these PV are especially trained in information technology and automated : the officers of the Cacir do is validate what is decided in the upstream, the ministry of the Interior… The sign-they also at the time indicated on the notice that the companies will receive in the mail ? This seems unlikely : these new offences – “no designation” – are eerily still all recorded at the same time, or “00: 00”. You couldn’t invent it !
Of the PV to get five times more money
in the coffers of the State !
Our previous articles on the subject :
– PV for “non-designation” : Rennes lots of “Error” !
– Radar : the first PV for “non-denunciation” have arrived and would be “illegal” !
– PV radar – Denunciation required of employees by their bosses : beware of tall tales !
– Radar – Denunciation required of employees by their boss : looks like the PV !
– PV radar – Denunciation required of employees by the bosses : our tips
– Radar : to denounce the workers, it is potentially “the end of the automated system !”
As drafted, these citations do not comply with the text of the law voted by the Parliament. “It – its spirit, its application – is completely hijacked,” says Caroline Tichit. Also, it only has to re-read the new article of the code of the Road – the L121-6 – on which to build these new proceedings, to give him reason.
Basic, there are two arguments that are needed :
1 – This article L121-6 is not the purpose of firms, but only their legal representatives. These new PV should therefore be addressed to these, and not to first, in contrast to what is happening. “Unless, of course, find himself in the very particular case of a company which has a legal representative, not a physical person but a legal person [or another company],” says the lawyer. But in this context “very special, and quite rare, there is absolutely no reason legally valid to send to another recipient the legal representative of such or such a society !”
This decision to send them to “legal persons” is not innocent. Through this subterfuge, our authorities think they can afford to claim the five-fold increase of fines. “All of this is deliberately organised to try to get five times more money in the public coffers ! It is a pure scandal,” says Caroline Tichit.
2 – the amount of The fines and asked, however, is not more planned by the article L121-6. To suppress these new offences, it does not prescribe that a fine of 135 euros, at fixed rates. The amount is even lowered to 90€, at the rate reduced, or when the fine is paid within fifteen days. And it climbs, on the contrary, at 375 euros, when the settlement occurs out of time. To finish, at worst, to the court, there is a risk of up to 450 euros fine. All this has nothing to do with what is displayed on the new PV. Then, systematically, it is five times that of these fines is claimed ! Or 450, 675, 1 875 euros, according to the times of payment… and it could even go, deducted, up to 2 250 euros in front of the judge ! This is quite unfair, as it has already been able to terminate it.
The PV is very questionable and
so to challenge that… in mass !
These two arguments are far from being the only ones to rely on. It seems obvious that, as the repeats to shove Me Tichit, that there is no shortage of valid reasons to challenge these new PV. “The process is so shameful that it is important to try to make it clear to the people concerned,” she says. “Frankly, I would have everything to gain with nothing to denounce, say nothing, give no track defense, and that the situation continues… My phone does not stop ringing since this PV have started to flood in. So when I tell you that these lawsuits such that they are carried out must cease quickly, because they are groundless and illegal, you can believe me !”
And for the lawyer, one of the solutions to counter Rennes, it is well to revolt by contesting systematically these new PV. “In view of the arguments, many and bitter, the situation would quickly become untenable for the services of the public ministry [in charge of dealing with disputes, ED].” And these PV as they exist today may well end up having to be abandoned. It is likely, however, that one must still wait some time before being fixed… Case to follow.