What does the Mediation officer do?
When a complaint is made to the Mediation officer, he assesses the admissibility of your request. Then if necessary, he launches an investigation to examine firstly the grounds of your request and the relevance of your arguments and, secondly, the lawfulness and legitimacy of the company's position.
What does the Mediation officer do once he receives your complaint?
1. …The Mediation officer
sends you a letter to acknowledge receipt of your complaint…
…after first ensuring that the case sent to him falls within his remit, that
customer services have already given a response and that it has been presented
within the required deadlines, the Mediation officer's acknowledgement letter makes
your complaint official from the date your case file was received.
If your complaint is rejected, you will receive a letter from the Mediation officer
explaining the reasons why. Sometimes, depending on the reason for the
complaint's rejection (if no prior complaint has been made to customer
services, for example), the Mediation officer sends the file to the relevant RATP
department himself. The complainant is then informed that they are dispensed
from this formality.
2. …The Mediation officer investigates your
case…
… based on the information you have provided. He will ask the RATP departments
for any additional information he feels he needs to decide your case. The Mediation officer
has 45 days to respond to your complaint. In particularly difficult cases, this
time period may be extended to four months. Complainants are advised that the
time during which the Mediation officer investigates their case places the fine
recovery procedure on hold and stops the case being referred to the police
court to start proceedings.
3. …The Mediation officer informs you of
the outcome of your complaint…
… once the investigation is complete. You will receive the Mediation officer's response
by letter at the address you gave on your request. This letter goes over the
terms of your request and explains the reasons behind his decision. A copy of
this letter is also sent to the RATP department responsible for its
implementation.
What happens after the Mediation officer has made his decision?
1. …The Mediation officer
responds by…
- … stating that no further action will be taken with regard to your
offence. In this case, you have nothing more to do; the Mediation officer will take
care of any necessary administrative formalities.
- … by stating that your offence and the related fine remains valid,
either partially of fully. In this case, his response explains the time frame
within which the fine must be paid and encloses details about the various
payment options.
2. …if you have to pay for your
fine…
… you have all the information you need to make your payment, specifically, the
payment due date and the contact details of the Offence Recovery Centre to
which your payment must be made.
3. …do so in due time...
If you do not pay your fine by the due date the RATP Offence Recovery Centre automatically
sensd your penalty notice to the Procureur
de la République (magistrate to the public prosecutor).
This has two consequences:
- Irrespective of the
fine amount paid off, the initial fixed fine amount is increased becoming an amende
forfaitaire majorée and depending on the nature of the offence, this can
be €180 or €375.
- At this point, RATP is
taken off the case and neither customer services nor the Mediation officer can have any
further involvement in it.
4. Can
the Mediation officer's decision be appealed?
Once the Mediation officer has made his decision it cannot be appealed. However, if a
customer wishes to pursue their complaint they can take the matter before the
courts. Contacting the Ombudsman is purely optional. He acts as an arbitrator
and is not there to replace the courts.
5. Once a case has been sent to the
Procureur de la
République, can the
customer still dispute the fine?
Customers can write to the Officier du
Ministère Public (official at the public prosecutor's office) at his place
of residence asking for leniency by explaining the reasons for the request. But
such a request will not suspend the proceedings and the higher fixed fine
amount will still be immediately payable.
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