In the matter of road fines, there are specific deadlines within which the report must be sent to the offender: 90 days from the date of the infringement, otherwise the fine will lapse and must not be paid. What to do if the fine is served late? The loss of validity of the sanction is not automatic, recalls laleggepertutti.it, therefore, one cannot limit oneself to putting the “snail fine” in the drawer, but must oppose in the ways and within the terms established by law, and ask for it to be canceled . It happens, then, to also receive a subsequent tax bill for a late notified fine or even never notified, and also in this case it is necessary to lodge an appeal to obtain its cancellation. HOW DO YOU APPEAL AGAINST A LATE FINE? There are two ways to appeal against a late fine, that is, notified after 90 days from the date of ascertainment of the infringement, which is the maximum term granted by art. 201 of the Highway Code for the notification of violations of road traffic regulations: the appeal to the justice of the peace or to the prefect. The appeal to the justice of the peace must be presented within 30 days of receipt of the fine. If the amount to be paid is less than 1,100 euros, there is no need for a lawyer, but you must pay attention to the procedural rules for filing the deed, to the payment of the unified contribution (which starts from a minimum of 43 euros) and participation in hearings: the case must be lodged with the justice of the peace competent for the territory in which the infringement was found, and this place can be very distant from that of residence of the fined person. filed or sent within 60 days from the date of notification of the fine. It can be sent directly to the Prefecture or through the body that detected the violation, for example a municipal police command. Read “How to contest a fine to the Prefect”. RESULT OF THE APPEAL FOR A LATE NOTIFIED FINE The Justice of the Peace and the Prefect can accept the appeal – and in this case the fine will be canceled – or reject it. If the Justice of the Peace rejects the appeal, he confirms the sanction indicated in the report; the Prefect, on the other hand, condemns the opponent to pay the fine not less than double the legal minimum. Against the prefectural order, however, you can appeal to the justice of the peace, within 30 days of notification.Consider that if the Prefect does not express himself within 210 days on the appeal presented by the citizen (180 days if it has been sent to the investigating body ) the appeal is considered accepted by silent consent and the fine is canceled. BILLS FOR A NOT NOTIFIED FINE Many happen to receive a tax bill for a fine that has not been notified within the terms of the law; sometimes, it also happens when the fine had already been challenged and canceled – for late notification or for other reasons – by the justice of the peace or by the prefect. of the Justice of the Peace or the Prefect who had ordered the annulment: otherwise, if the fine had not been challenged for late receipt, the defect is cured and the finding of the infringement becomes definitive. 209 of the Highway Code, traffic fines go into prescription after 5 years from the date of the infringement: therefore, if you have not received anything within this period, you can challenge the deed for statute of limitations. On the other hand, reminders and payment notices interrupt the expiry of the limitation periods and the 5 years must be counted from the beginning. APPEAL AGAINST TAX BILL FOR ROAD FINE The appeal against the tax bill for a traffic fine never received must be presented to the Justice of the Peace within 30 days of notification of the bills [1]. In the appeal it is necessary to state that the file is the first act with which the fine has been learned, which had not been notified before. In the judgment, it is the investigating body that must provide proof of notification of the fine, for example by producing the acknowledgment of receipt postcard [2]. If, on the other hand, the report is not validly notified, the judge will cancel the tax notice that calls it back. [3] considered that the opposition to the payment note allows to deduct the failure to notify the fine within the terms of the law, without having to contest the merits of the violation of the Highway Code: therefore, in the event of a fine not notified, or notified late, it is sufficient to note this circumstance to obtain the annulment, and it is not necessary to defend oneself also from the contested infringement.