Driving: What should you do if you receive a fine from abroad?

If you receive a fine or debt collection letter from abroad, take it seriously and check it carefully.

• Were you at the specified location at the specified time?

• Is the alleged offence comprehensible?

If the case seems plausible overall, the claim is often justified.
 

A fine issued by an EU member state can be enforced under the Act on International Mutual Assistance in Criminal Matters.

For fines of at least 70 euros (including fees), the relevant foreign authority can apply to the Federal Office of Justice for enforcement.

Important:

• Only authorities can initiate such enforcement

• Debt collection agencies are not permitted to do so. They can only act on behalf of others out of court.

Why are private debt collection agencies contacting me?

Many cities and municipalities in other EU countries use private debt collection agencies to recover debts, e.g. for:

• parking violations,

• speeding offences;

• driving in traffic-calmed zones;

• unpaid tolls.

This practice is permissible, even if it seems confusing at first.

These are not always official notices; some payment requests come from private companies, such as toll or car park operators. In such cases, the claim is a civil law claim, known as a contractual penalty. A debt collection agency is usually commissioned here, too.

Please note that it is not always clear whether the fine has been issued by an authority or is a private claim.

Important: In Germany, fines can only be enforced by the Federal Office of Justice at the request of the relevant foreign authority. Debt collection agencies are not authorised to do so.

If you receive a payment request from a debt collection agency, you can reject it and point out that only the Federal Office of Justice is authorised to enforce payment. The Federal Office of Justice only enforces the fine – not private debt collection fees. In addition, many countries do not currently make use of the option of enforcement via the Federal Office of Justice.

Private claims, i.e. contractual penalties, can only be enforced under civil law, e.g. through court enforcement proceedings or legal action.

The legal basis for this is the EU Traffic Offences Directive. This enables public authorities to request vehicle owner data from other EU countries, including the Kraftfahrt-Bundesamt (KBA) in Germany.

Private companies (e.g. toll or car park operators, and debt collection agencies) can also submit enquiries about vehicle owners to the KBA, but only if they can demonstrate a legitimate interest, such as the enforcement of outstanding tolls or parking fees.

Sometimes, collection costs can be disproportionate to the actual claim. Many people also ask themselves: Why should I pay collection fees if I was never informed about the claim beforehand?'

The following are generally permitted:

• Costs for determining the owner – approx. €5, regulated by law

• Interest on arrears, but only if a payment request has been made and the deadline has passed.

• Collection fees, but only in reasonable amounts and in cases of proven default.

However, in some cases, the collection costs can far exceed the actual fine – sometimes by up to three times. You should not accept such excessive claims.

German drivers frequently have to deal with the following collection agencies: Nivi SpA and Safety21 SpA (both Italy), Euro Parking Collection plc (Great Britain), ETI Experts GmbH and Debtist GmbH (both Germany).

Technology is fallible, so licence plates may be recorded or assigned incorrectly. If you suspect an error in your claim, contact the issuing authority as soon as possible.

It is also worth clarifying any problems with toll payments early on, such as entering the wrong number plate details when purchasing online, credit cards not being accepted at toll stations, or entering the wrong lane. Making subsequent payment can often avoid further costs.

Please note that in Italy, paying the fine is considered an acknowledgement, meaning an appeal is no longer possible.

Anyone who commits an administrative offence in a rental car will usually receive two bills:

1. the actual fine notice or a collection letter,
    
2. an additional processing fee from the rental car company, which is sometimes charged directly as a debit without a letter.

This fee is charged by car rental companies for passing on driver data. The EVZ Germany considers this practice to be legally questionable in many cases, even when it is stated in the terms and conditions. It has already been prohibited by the courts in some EU countries.

Tip: If you receive an unjustified debit, you can initiate a chargeback procedure with your bank.

Many people mistakenly believe that paying the processing fee also settles the fine. This is not the case.

No, foreign fines do not affect the German points system.

However, some countries, such as Italy, have their own points system that also applies to foreign drivers. This means that it is possible to impose a driving ban in the relevant country.

The EU is currently planning to recognise such bans across borders, but this has yet to be implemented.

Whether it's a fine or a contractual penalty, don't pay it too quickly, but don't ignore it either! If you don't respond, you risk further costs or reminders, and your details will remain on the system.

We provide free support if you are unsure how to respond to a payment request from abroad. Please use our online form for this purpose.

• Limited traffic zones in Italy

• Unpaid tolls in Italy

• Vignette offence in Austria

• Congestion charge in Sweden

• Supermarket parking fines