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FINES: E 'CONDO!

Green light for operating the crisis and for the amnesty on fines for violations of the Highway Code. The waiver provides for the payment of the fine plus an initial 4% to cover all high fines until Dec. 31, 2004 . The measure is justified in view of the likelihood that many of these, which expired five years, would fall in prescription. According to the
Sole 24 Ore , a fine of three is not wearing a € into the coffers of the municipality that has the highest. Italian Municipalities, therefore, are expected to have cash for the period 2005/2007 well that € 2.65 billion will be added to 1.4 billion euro in the period 2000/2004. A Rome , addiruttura only a fine is levied on two and, in the period 2000/2004, the total amount to remit more than 300 million euro.

In the Capital is all ready to start communication to the public. Gerit Equitalia will send the 'short a notice to interested parties. In notice will explain that you can pay the fine without notice. The commissioner in the Capital Budget, Maureen Leo, said that the Gerit "conduct a census of citizens with a fine of 2004 still unpaid and that, meanwhile, has launched" the suspension of all enforcement procedures "(seizures, etc). But who paid the fines on time and without context, there is. Not to mention those who are "harassed by the demands of Commons despite having already paid off." For these users would be needed to redress through the reimbursement of the fees paid by municipalities.

Some Useful tips to dispute a fine:
Within 150 days, the fine must be served at home. Over that period the fine lapse. Within 60 days of receipt of notification, the fine, believed to be correct, must be paid and if it deemed unfair may appeal. The appeal, with supporting documentation, shall be submitted to the Prefect or the Justice of Peace. In case of submission of the application to the Prefect, if the fine is upheld, the penalty is doubled.

The appeal should be required to be heard in order to explain in person the reasons for the appeal pursuant to art. 203 of the Highway Code. Not Upheld the request (no response) may be grounds to invalidate the sentence.
The notification letter must have the name of the Head of the proceedings (Article 5 § 3 of Law 241/1990 on the transparency of administrative acts). Otherwise you can request cancellation of the penalty. After 30 days without receiving a response to this request, you can file a complaint for failure to official records.

Ortho Total Kill Weed Killer

Here is the full text of the complaint / formal notice to the Company's services Irno Service Spa, in order to make diponibile users who want to pass it, and so more effective action is taken against an institution that according to our humble opinion could certainly handle the best interests of the community. Please note that we are still in a phase out of court and that our action will be developed at various levels to protect the interests of users and possibly get a better service to the community, beyond the needed results legal desirable.

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letter AR


Dear Irno
Service Spa Via della Fortuna, 24 83029
sulfide (AV)

and PC Dear Equitalia
Polis Spa Agent Collection of Avellino Via
Moccia n ° 68 83100 Avellino


City Solofra
In the person of Mayor pt

Command of the Guardia di Finanza
Solofra

Carabinieri
Solofra


Subject: Your request for payment of invoices by ECR Ar Irno Service Spa - Notice pursuant to art. 1219 of the Civil Code. The undersigned

.............................................. ...................., found in your object of which they allege that the entire contents for the following reasons in fact and law:

1) the writers first to complain about the inconvenience them and their families as a result of your repeated requests for payment, which at first proved completely wrong in the quantification and allocation as you have publicly declared themselves and then release, has forced them to travel several times at the counters of Irno Spa Service in addition to the City or Equitalia Spa, which will forward the complaint before the competent authority to obtain compensation for any damage including the existential.

2) billing, but in many cases, never submitted to the undersigned as delivered by your hands often or otherwise responsible to contract with a delivery service that did not use even the normal criteria used by the Italian Post Office, do not allow and the material possession of tax documents and a clear statement of how user fees have been determined or if the base of them there is a set of City approved (remember that is your largest shareholder) as provided by law. More billing for water purification and sewage or water that occurred separately without any logic or connecting factor in the calculation of tariffs, so that it disputes the illegality and the total write-offs.

3) Your own request art. 1219 cc, vague and misty, does not contain any specification and / or distinction between the various titles of charge to payment of various fees as well as providing (the last request) expense items not due, as the costs of editing, or an imaginary "cost recovery" If anything, that might require Equitalia Polis Spa, but only during recovery and as a premium. It is not clear how the fact Irno Spa Service can order the payment of the amount allegedly due to "threaten" administrative detentions, mortgages, foreclosures and so coercive. This constitutes a clear violation of the rights of the user-consumer liable for damages, the more that your letters are dated 8/14/2009 and delivered just after mid-August about causing further damage and distress to the writers.

4) It should also be noted that many requests for payment invoices refer to years in which the purification Solofra was not working or at least the civic sewerage network was not connected to sewage treatment plant, so that we quietly know in what capacity we are required, however, and any payment from which period begins or is completed your right to levy the fee, as recent rulings by the Constitutional Court (Judgement No. 335 11 / 10 / 2008) which established that if the local council are not active for waste water treatment plants, the share of the bill for purification should not be paid by citizens .

5) As before we express request of all the administrative documentation (resolutions municipal, deliberations of Irno Service Spa) and accounting (invoices and providing for the determination of tariffs) on the amount requested, and still affect the total write-offs than unlawfully asked by way of payment.


Given the above and found to please and be wary not to engage in acts prejudicial to the rights of our clients and not to suspend the forced recovery of the alleged sums debende. In the absence we will be obliged to apply to the competent judicial offices as well as consumer groups and the media for the protection of our reasons.


Solofra, there


07.09.2009 Mr. Michael Anthony Giliberti

A List Of Different Woods#

Constitutional Court Judgement: illegal sewage fee.

Saturday 5 sttembre 2009 Mr. Michael Anthony Giliberti .

The Constitutional Court with the decision No. 335 of 11 / 10/2008 redesigns, the relationship between utilities and consumers. The Judgement has related to the disputed treatment fee, establishing the principle that if the local council are not active for water purifiers waste, the share of the bill for purification should not be paid by citizens.

The Constitutional Court, asked to rule on the legality of the payment of the sewage in the water bills as a result of action brought by a citizen against the amounts paid to the company providing water supply for a service not rendered, declared the constitutional illegitimacy of article. 14, paragraph 1, Law of 5 January 1994, n. 36 (provisions relating to water resources), both in the original text, both as amended by art. 28 of the Law of 31 July 2002, 179 (provisions relating to the environment) insofar as it provides that the share reference to the service rate of sewage is caused by users 'even if the drain is without a centralized sewage treatment plants or they are temporarily inactive' he said, also, pursuant to art. Law 27 of March 11, 1953, No 87, declares that Article. 155, first paragraph, first sentence of the legislative decree of 3 April 2006, no 152 (Environmental Regulations), to the extent it provides that the share price related to the service of sewage is caused by users' even where treatment plants are missing or they are dormant. "

In this case, the Court held that the amount in question until now required for all users of the water supply, following the ruling of the Supreme Court No 96 of 01.04.2005, shall not constitute a charge, but payment for a service which, in cases where the facilities are lacking, be refused. All this is contrary to Article 3 of the Constitution because it discriminates against those who pay the price without receiving the service. In light of this ruling the law firm Giliberti & Partners, to seek clarifications from the very beginning of Solofra Irno Service Spa, in respect of payment of the fee of purification, together with all the right tools to ' to recover amounts wrongfully paid by the users to share voice and sewage treatment in municipalities where there are no related equipment. E 'activated a field of study who will instruct any claims for damage to property or otherwise, caused to citizens by the malfunction of the service of collection and allocation of payments. There are various hardships suffered by you from the beginning of the year, with continuous demands for payment, behind front and poor competence of the management bodies of the various services (water, gas, sewage, etc...)

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TARSU, PURIFICATION, SEWER, WATER .... ORGANIZED AND CITIZENS 'BEST!

After a period of suspension of publications and a partial correction of the mission of the study (special attention is given to the many complaints by users against compulsory collection of fees, taxes, fines and recoveries, not related by agencies relevance to public or private regime almost) back with a series of articles and news for users and citizens, especially in this time of crisis, felt the need for greater protection of their rights at all levels, both public and private sectors. Reclamation sarnese Agro Nocerino, Fee for the purification and sewage, road tax, Tarsu, ICI, Gas, Water, fines etc.. become a true and his nightmare for families and especially for the elderly, when these services are entrusted to municipal bodies to participate (often limited company with the participation of interested private profit rather than to the efficiency of the service, or to facilitate nepotistic hiring outside the government) is not prepared for an efficient and effective management of the service. Appeals in Tax Commission, claims self-defense to the management authorities, appeals to the justice of the peace, included as part of wider action to protect the citizen, that cross a greater awareness seems to be aware of the need for more organized forms collaboration (such as committees, associations and working groups), they can certainly ensure a more effective protection of the rights violated. Important in this respect the latest rulings of the Supreme Court or the Constitutional Court on the subject, that are creating clarity on certain aspects of the rates which for various reasons these institutions apply to citizens-users (often illegal as containing illegal entries or not due) .

Attorney Michael Anthony Giliberti

TARSU NOT THE 'SUBJECT TO VAT

The fee for disposal of municipal solid waste, is the tribute that the municipalities applied on basis of the total cost of the service collection and subsequent disposal of waste using as parameter the surface of the living quarters and activities where the waste may arise.
With a recent ruling, the Court of Cassation ruled chel'IVA 10% normally charged on the bills of the waste tax is unlawful. The Court of Cassation, in line with the approach of other European Union countries, has determined that the consideration that citizens must pay for the collection and disposal of waste, is a tax and not a fee is not charged and therefore the 'VAT.
This important decision means the ability for taxpayers to request the refund to the municipalities levying of the sums paid by way of value added tax (VAT) on the fee for waste disposal in the last ten years.
Appeals
and VAT refund in hand with proof of payment in the last ten years of Tarsu on which the entry was calculated at 10% VAT, you may ask for a refund. Initially it is sufficient, even with the help of a lawyer, wary that the municipal government performance.