by Florian König, maut1.de - Septembre 19th 2023
For travellers, the toll situation in Italy is sometimes quite confusing:
- the individual sections of the Italian motorways are operated by different motorway operating companies,
- during strikes of the toll staff or high traffic volumes, the barriers for passage at the toll stations may be open, but the tolls are still due,
- and in the event of technical defects at the toll stations, no ticket can be taken out or payment cannot be made afterwards, although the barriers open after a certain time for safety reasons.
Anyone who has returned to Germany from a holiday in the popular tourist destination of Italy is surprised several weeks later to receive mail from the company Nivi SpA from Italy, in which unpaid tolls for stretches of road in Italy are demanded as a penalty.
Why can it happen that tolls are still demanded for toll routes that were supposedly paid and what options do travellers have to react to such fines?
These demands for payment of arrears from reputable collection agencies in Italy often concern tolls with small amounts, which in some cases can even go back as far as 2013. As a rule, it is advisable to simply pay these small amounts including the fine, as such claims by motorway operators in Italy only become time-barred after ten years.
If you have a toll box from maut1.de, you will not receive any additional charges, as the toll box is registered with the Italian toll operators and all charges incurred are therefore billed through it.
How do such toll penalties occur and what should be considered?
When you receive a debt collection letter from Italy, the first thing you should do is check whether the claim is comprehensible. In particular, it is important to check whether the date given corresponds to a past stay in Italy or not. The next step is to determine the reason for the letter: Is it a fine for speeding or a penalty for entering a traffic-calmed zone (zona a traffico limitato) without permission? In this case, it is a police fine and you have to act quickly and pay the fine.
The fine must be served within 360 days - otherwise it can no longer be enforced. However, you often have the option of accepting a reduced fine for payment within five days of delivery.
However, it is becoming increasingly common for motorists to receive a toll penalty because they have not paid the distance-based motorway toll. These replacement tolls are usually sent by a collection agency and can amount to between ten and 130 euros including the fine.
Many people are convinced that they have paid for their journey on a toll road - after all, the barrier at the toll station has opened, allowing smooth passage. However, this is not always entirely true: because travellers can also be let through in cases where there are no debits or where the wrong lanes are used at the toll station; the aim of this practice is primarily to reduce congestion at the toll stations.
Another source of substitute tolls is the "Free Flow" electronic toll system used in the northern part of Milan, which does not require any payment at the usual toll stations. There is a registration option and a payment period of 15 days.
Who do these replacement tolls from Italy come from?
As a rule, these letters of demand and fines for outstanding motorway tolls are sent by the company Nivi SpA. The Florence-based collection company is duly commissioned by various Italian motorway companies, such as Autostrade per l'Italia, to take action against defaulting vehicle owners, even abroad, and to collect the outstanding toll.
Different toll regulations for motorists in Italy often cause confusion.
As a rule, you take a ticket when you enter the motorway, which you then pay when you leave according to the section you have driven. On other sections, however, a lump sum must be paid at a toll station and it is advisable to always ask for a receipt. In the case of electronic registration of the vehicle at certain stations, it may be advisable to register the vehicle in advance via the website of the respective motorway company.
Paying the toll in Italy: Avoid this mistake at all costs, because it will cost you a fine of 422 euros!
Different lanes are set up in front of the toll stations, each indicating a specific payment method. It is important that drivers choose the appropriate lane in good time and do not change lanes later or even reverse or turn around - because failure to do so can result in a fine of 422 euros and a driving ban of up to six months!
What to do if there are problems with the payment?
If difficulties arise at the toll station, when paying the toll on the spot or when using the wrong lane, the motorway toll must be paid retrospectively. There are two options available to you for this: Either you do this directly at the service points of the motorway company ("Punto Blu") - these are mainly found at the larger rest areas in Italy - or within 15 days by bank transfer to the company responsible for the respective route.
If this deadline for payment is not met, Italian collection agencies such as Nivi SpA may be involved, as well as German companies with processing fees in the event of unsuccessful reminders. It is therefore highly recommended that you make all payments promptly in order to avoid possible and unnecessary subsequent penalties!
If you do not receive a toll card at the toll station
If no toll card is available at the entrance to the motorway due to a technical defect, this can lead to problems later on. It is then no longer possible to prove to the toll station which route was taken. In such cases, a higher replacement toll is then usually demanded - sometimes even to the amount of the toll due for the route through Italy that has long been possible.
In order to avoid this penalty, it is therefore advisable to explain the facts of the case to Nivi SpA and, if possible, to provide evidence that only a certain section was driven (e.g. invoices or receipts from surrounding shops, journey logs and witness statements from fellow travellers). This can lead to possible goodwill on the part of many motorway companies, so that they waive additional charges.
How long does it take for a toll to expire in Italy?
The charge for using the motorways in Italy is a civil claim and is subject to Italian law. Accordingly, it can only be considered time-barred after a period of ten years. Even if several years have already passed since the toll claim arose, no statute of limitations has yet occurred for this fine.
Have you received a letter from Nivi SpA despite having paid the toll?
If you still have proof of the toll payment, such as a receipt or related credit card statements, these should be sent to the company immediately. However, if there is no longer any evidence - perhaps because the holiday took place some time ago - it is important to credibly explain and prove that payment was actually made at the time. It may also be possible to name witnesses (e.g. passengers) who can confirm that the toll was paid. In addition, information is relevant about where exactly the toll routes were entered and exited.
Whether in this case goodwill arrangements on the part of the company are possible (e.g. waiver of claim fees or fines) will have to be decided individually by Nivi SpA based on the circumstances of each case.
What happens if you ignore a fine from Nivi SpA?
If you do not react and do not pay your debts, you will be threatened with mail from a German debt collection agency or lawyer as well as higher fines. If there are civil law substitute charges, these can also be claimed abroad via a judicial or European dunning procedure as well as through a civil law action. There are already several German court decisions in which claims for substitute tolls have been successfully asserted.
Thanks to the toll box from maut1.de, you can sit back and relax as soon as you arrive in Italy and don't have to worry about unexpected fines or replacement tolls. So nothing stands in the way of a carefree holiday.
By using the "Telepass" lane on Italian motorways, you save valuable time and also avoid stress at the toll stations. Without the hassle of stopping to pay by credit card or cash, you can simply drive through slowly and thus avoid traffic jams on the regular lanes.
On the other hand, you can sit back and relax, because even if one of the problems described in the blog - such as a technical defect at a toll station or a staff strike - occurs. Because thanks to your toll box, your vehicle's registration number is registered with the Italian operators and is also automatically recorded by the camera system every time you pass through, so that you can be billed later. This means you are optimally protected.
Our recommendation: Order the maut1.de toll box now for your next holiday trip!
