"In 2022, 45 procedures were opened for a deeper
investigation of complaints about tolls", an official source of the
Ombudsman's Office told Lusa.
Among the issues that most led people to appeal for the
intervention of the ombudsman, Maria Lúcia Amaral, are the "absence of
prior contact by the concessionaire" and " disproportionality of the
enforced amount compared to the toll value".
The allegation that the vehicle that made the journey is no
longer owned by the debtor is also among the most common complaints.
Changes to the law
The legal regime governing the collection of toll debts has
already undergone several changes, the last of which is reflected in a
decree-law published in December last year, which transposes a European
directive on the interoperability of electronic systems.
Already this year, on January 13, parliament generally
approved a bill by the IL that provides for a limit to administrative offenses
to be applied for non-payment of tolls, providing that "the total amount
charged, under the terms of this law, considering toll fees, fines and any
administrative costs, both in the context of administrative offense proceedings
and in enforcement proceedings, cannot exceed three times the value of the
respective toll fees, without prejudice to default interest".
Motorists whose car does not have an electronic device for
collecting toll fees can pay this expense at a CTT station or at a 'payshop'
store, 15 days after passing through the gates.
If they do not do so, the law determines that they must be
notified by the concessionaire in order to proceed with this payment.
Once these two steps have been completed, the collection
process is sent to the Tax and Customs Authority (AT), in which case procedural
costs and fines are added to the toll fees and administrative costs, often
resulting in much higher amounts.
The right to be
defended
In a recommendation addressed to a concessionaire in 2019,
Maria Lúcia Amaral underlined that "the right to be heard and defended, is
not enough with a formal notification of the interested party, demanding
diligence in the procedure destined to assess the data necessary to ensure the
effectiveness of the notification, including the updated address of the
notification".
The ombudsman also noted that "failure to update the
address on the car registration cannot penalize the holder, when he has already
corrected this failure at the time when the query to the database would be
relevant".
In the explanatory memorandum of its bill, IL recalls that
the legislation in force determines that "fines have a minimum value
corresponding to 7.5 times the value of the respective toll rate, but never
less than (euro) 25 , and of a maximum value corresponding to four times the
minimum value of the fine, with respect for the maximum limits provided for in
the General Regime of Tax Infractions'", which leads the party to conclude
that these may reach a "disproportionate" and "exaggerated"
value.
Not before time! Travellers have been getting ripped off for years. I had to pay €110 in fact nes for a €2.24 toll. I wasn't informed of the toll, despite registering with the various authorities, only receiving the final bill. I appealed and heard nothing, not even an acknowledgment. Finally I visited my local Finançes office and was told there was nothing they could do, I had to pay it or they could enforce collection including sequestration of my house, and all for €2.24!
By Russell Taylor from Other on 25 Jan 2023, 11:11
I fail to see someone using a toll road does not know it. Brainless comes to mind. Or I don't care.
By J from Lisbon on 25 Jan 2023, 15:54
There are tolls on roads that do not have a toll booth. Instead, there are cameras installed that record the license plate and one must monitor CTT site for the toll to appear and then pay via CTT. However, one such toll camera installed on the road to & from Lieria, despite checking the website for many weeks. And then we get a bill in the mail for the toll amount PLUS an administrative fee to bill the charge.
Sounds a bit like a scam by CTT to fail to post the toll cost on their website and months to then mail the toll cost plus administrative fee (which is reasonable to assume CTT is the entity that gains from the administrative fee).
By Lisa from Other on 26 Jan 2023, 20:06
I subsribed Via Verde in octobre 2021, paid at CTT meanwhile. In July 2022 started a serie of COIMAs, up to 1.000 €. I went to Finanças, to CTT, To Via Verde, To Via Libre and sent a mail to The ombudswoman. It should be the last Payment. But then it started again ... I don't know what I missed before Via Verde, but now I pay 50 times. Nobody cares and a letter to Finanças got an answer of Via Verde ... Portugal?
By Karel Bertels from Algarve on 27 Jan 2023, 11:27