No violation but still get fined, what to do to avoid losing money unjustly?

Although not directly violating the Traffic Law, many vehicle owners are still surprised when receiving a fine notice from the authorities. In this case, what should be done to protect personal rights and avoid losing money unjustly?

Recently, many vehicle owners have unexpectedly received notices of fines even though they were not driving the vehicle at the time of the violation. There have been cases where they lent their cars to others or left them at a garage for repair, or even had their car used by another vehicle with a fake license plate... even though they did not directly commit the violation, the penalty notice was still sent to the person whose name is on the vehicle registration.

This situation makes many people confused, wondering whether they have to pay a fine or not and what to do to protect their rights when there are signs of being unjustly fined?

Received a fine notice but did not violate, what should I do?

According to lawyer Tran Thi Nhu Mai - Trong Em and Associates Law Firm (Ho Chi Minh City Bar Association), in cases where the person receiving the notice of violation does not directly drive the vehicle, the vehicle owner has the right to request the police agency to verify again. To clarify, the vehicle owner needs to directly contact the Traffic Police Department of the provincial or municipal police where the notice was sent to request a review of the images or data of the violation recorded by the camera.

Vehicle owners have the right to request the police to re-verify if they feel they have been unjustly fined.

Photo: VP

If the camera footage shows that the driver is not the vehicle owner, or the vehicle owner has proof that he or she did not violate the law at the time, then full documentation, information and evidence must be provided to prove it. In case of suspicion that the vehicle's license plate has been forged, the vehicle owner can request the authorities to verify the images to clarify the matter.

According to Point d, Clause 1, Article 3 of the Law on Handling of Administrative Violations, the person with the authority to impose a penalty is responsible for proving the administrative violation. At the same time, the individual or organization being penalized has the right to prove, by himself or through a legal representative, that he did not commit the violation.

Therefore, when vehicle owners believe that they have not violated the law but still receive a notice of a fine, they have the right and should proactively cooperate with the authorities to verify. Cooperation not only helps protect personal rights but also helps identify and handle "the right person, the right crime".

Although the current Decree 168/2024/ND-CP no longer maintains the provision in Clause 8, Article 80 of Decree 100/2019/ND-CP (which requires the vehicle owner to come to work to identify the violator), it does not mean that the recipient of the notice can ignore it. Without coordination, the handling process will not be able to verify clearly, leading to the violation still being updated and affecting the vehicle registration or transfer of ownership.

Being unjustly fined is a real problem that can happen. However, current laws still allow people to proactively protect their legitimate rights by filing complaints, providing evidence and requesting verification. Timely and proper coordination helps ensure fairness in administrative sanctions.

Source: https://baonghean.vn/khong-vi-pham-van-dinh-phat-nguoi-lam-gi-de-tranh-mat-tien-oan-10298375.html