In addition to EPIC RATP, the regional scope of the RATP Mediator’s mission extends to the direct and indirect subsidiaries of EPIC RATP, located within the French territory of the RATP Group, whose corporate objective is public transport and which have entered a contractual agreement to use RATP’s mediation service.
The RATP Mediator’s scope of intervention is designed to enable the greatest number of customers to call on its mediation service.
In what cases can you call on the Mediator?
If you have filed a complaint with the Customer Service of either RATP or one of its subsidiaries and are dissatisfied with the response or the company’s decision, then you may file a complaint with the Mediator.
1. The Mediator can intervene in the following cases…
… for all consumer-related disputes, including those regarding the sale of travel passes and tickets, or dealing with questions about the quality of service, or concerning violations (for example, non-validation of a ticket or travel pass, illegal crossing of ticket gates, etc.). … for any national or cross-border disputes between a passenger and RATP or one of its subsidiaries.
These disputes fall within the provisions for consumer ADR (Alternative Dispute Resolution) provided by regulation No. 2005-1033 of 20 August 2015 and its implementation decrees, through the transposition of European Directive 2013/11/EU of 21 May 2013.
For any cross-border complaints concerning online purchases, the European online dispute resolution platform can be used to determine the mediator with jurisdiction over the cross-border dispute. The platform is now accessible in all European Union member countries at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
… for complaints arising from construction work, and even from the very operation of transport services within the urban environment, essentially due to noise or visual pollution.
However, since these disputes do not fall within the scope of the above-mentioned consumer ADR regulations, they are not processed in the same manner.
2. The Mediator cannot intervene in the following cases…
… for disputes pertaining to personal injury, criminal offences, or disputes that are subject to legal proceedings.
… for disputes:
- in which the customer cannot justify having first tried to resolve the dispute directly through a written complaint filed with the relevant customer service;
- in which the request is manifestly unfounded or abusive;
- that have already been examined or are in the process of examination by another mediator or court of law;
- in which the plaintiff’s request for mediation is submitted more than one year after the initial written complaint was filed with the relevant customer service (or more than two months after the violation date, for violation-related complaints);
- that do not fall within its jurisdiction.
Under the provisions for Consumer ADR (Alternative Dispute Resolution), mediation of consumer-related disputes does not apply in the following cases:
- disputes between professionals;
- complaints currently being handled by the relevant Consumer Service;
- direct negotiations between the plaintiff and RATP or the relevant subsidiary;
- court-ordered reconciliation or mediation efforts in consumer lawsuits;
- lawsuits filed by RATP or the relevant subsidiary against the plaintiff.
When and how to file a complaint with the Mediator
To file a complaint with the RATP Mediator, you must first submit a written complaint to the relevant Customer Service within the allowable filing period.
When to file with the Mediator?
- First, submit a written complaint to Customer Service
Before filing a complaint with the Mediator, you must first file a written complaint with RATP Customer Service or that of a direct or indirect RATP subsidiary with a contractual agreement to use the RATP Mediator.
- Then file a complaint with the Mediator
If you have filed a complaint with RATP Customer Service and are dissatisfied with the response, or if you have not obtained a response within one month, you may contact the Mediator. If you are unhappy with the response you receive from Customer Service, or if you have not received a response within one month, you may then file a complaint with the Mediator. NOTE: the legislative and regulatory framework for the mediation of consumer-related disputes does not allow for cases to be accepted that do not comply with this procedure.
In the case of a dispute pertaining to a customer complaint – and only after the customer has received a response from the Customer Service of RATP or the relevant subsidiary, with which he or she is not satisfied – the customer may proceed to file a complaint with the RATP Mediator within a period of up to one year from the date of the written complaint to RATP or its relevant subsidiary. For violations, passengers have a 2-month filing period from the date of the violation. After this 2-month filing period, the violation is sent to the Treasury, and the collection of any fines is no longer RATP’s responsibility.
How to file a complaint with the Mediator
Complaints may be filed with the Mediator either by post at the address indicated below or by filling out the online form.
Address of the RATP Mediator
54, quai de la Rapée
75599 Paris Cedex 12
Write your letter, by hand or using a computer, and make sure you include the following essential information:
- Personal information: clearly write your family name and first name, and your complete address (include the building or apartment number when applicable). You may also provide your telephone number, if you wish.
- Violation reference number (in case of a violation): simply enter the number indicated in the top right corner of the blue sheet of the ticket that was issued to you by the RATP officer.
- Reference number of the written complaint sent to the relevant Customer Service
- The nature of the complaint: in the case of a violation, explain why you were issued a ticket and clearly specify which points you are contesting.
If you would like to file a complaint with the RATP Mediator for other reasons, explain the facts that in your opinion justify your reasons for doing so.
- Attachments: include with your letter any documents that can support your case. Do not send any original personal documents, with the exception of RATP travel passes or tickets or other documents (violation ticket, receipt, etc.).
In all cases, personal documents will be returned to you after your case has been handled.
Send in your complaint at your convenience, either using the online form or by regular or registered mail at the appropriate postal rate (you are responsible for the cost of registered mail services) to the following address:
54, quai de la Rapée
75599 Paris Cedex 12
Make sure you respect the filing periods
Concerning violations, passengers may file a complaint with the Mediator up to two months following the date of the violation, having first submitted a written complaint to the relevant Customer Service. This means that passengers must send their written complaint to the relevant Customer Service as soon as possible.
Who can file a complaint with the Mediator?
You may file your complaint with the Mediator on your own initiative, or via an association.
The Mediator may be contacted when you esteem that you are in possession of all of the necessary elements to support your case.
Plaintiffs have the right to be represented by an attorney – at their own expense – or to be assisted by the person or entity of their choosing during all phases of mediation (consumer associations, legal representative, etc.).
Plaintiffs may also solicit an expert’s opinion – again, at their own expense. Complaints may also be transmitted to the RATP Mediator by the Consumer Rights Commissioner and his delegates, the European Mediator, the Mediator of public companies and institutions, and the Tourism and Travel Mediator.
What happens next?
You will receive notification when your complaint has been received. If it is admissible, the RATP Mediator will investigate the case in light of the elements that are transmitted by the parties involved in the dispute.
What does the Mediator do once you have filed a complaint?
The RATP Mediator sends you an acknowledgement of receipt as soon as your supporting documents have been received. The Mediator notifies all parties in the dispute, either by email or by post, that a complaint has been filed.
This notification reminds each party that they may withdraw from mediation at any moment.
If after verification the complaint proves to be inadmissible, and within three weeks of the date that it was received, the RATP Mediator will inform the plaintiff that the case has been rejected.
If your complaint is admissible, the Mediator will investigate your case according to the elements you have provided. To complete her understanding of your case, the Mediator will seek any further information necessary from the relevant RATP services. The Mediator has 90 days to issue a recommendation. For complex disputes, this response period may be extended at any moment during the mediation process, in which case the Mediator will inform all parties.
Note: the process of collecting fines is suspended while the Mediator investigates the case.
The Mediator sends you her recommendation by post or email, informing you of the action taken on your case. The notification letter reviews the terms of your complaint and develops the arguments for the recommendation. The Mediator’s recommendation is also sent to RATP or the relevant subsidiary.
What happens after the Mediator’s recommendation?
- The Mediator sends her recommendation in a letter that mentions the following points:
- The plaintiff and RATP, or the relevant subsidiary, are free to accept or refuse the Mediator’s proposed solution.
- The plaintiff is given a specified amount of time to accept or refuse the Mediator’s recommendation.
- If the recommendation is accepted, then the legal actions specified in the letter are carried out.
- Having participated in mediation does not rule out the possibility of filing a lawsuit.
- The proposed solution might be different from a judge’s ruling.
- If you must pay a fine, you will be given the necessary payment information, notably the payment deadline and the address of the fine collection centre where you must send your payment.
- If payment is not made before the given deadline, RATP or the relevant subsidiary automatically issues a ticket that is sent to the French Treasury (Trésor Public).
The sending of a ticket to the French Treasury has two consequences:
- Regardless of the amount the offender has already paid, the initial fixed penalty becomes an “augmented fixed penalty”, which can range from €180 to €375 depending on the nature of the violation.
- RATP is removed from the case and neither its Customer Service nor the Mediator can intervene in the procedure.
- NOTE: Once a case has been transmitted to the French Treasury, the plaintiff may still contest the charges by filing a complaint with his place of residence’s Public Prosecutor.
- Legal effects of the RATP Mediator’s recommendation
If the plaintiff accepts the Mediator’s recommendation, the mediation process is terminated. Conversely, if the plaintiff refuses the Mediator’s recommendation, the mediation process is terminated and the RATP Mediator’s intervention is no longer an obstacle to taking legal action: the plaintiff can file suit in the competent jurisdiction.