When we receive the unpleasant surprise of a fine, we notice several questions at once and the logical concern
In many cases, due to ignorance, to avoid problems or to take advantage of the fast payment discount, many drivers decide to pay a fine, no matter how much they consider it unfair or flawed. However, objecting to a fine is not as complicated as it seems, and there are others besides your arguments
Formal reasons that can help you avoid the sanction.
In the first place, if the sanction has been imposed by a local police officer, an appeal must be made to the town hall of the municipality where the sanction was imposed. If, on the other hand, it has been imposed by the General Directorate of Traffic (DGT), we must claim it. Although it is important to remember that car insurance, especially if it is fully comprehensive or if you have contracted legal assistance, usually includes:
provide cover for defense and claim. There are also companies and consultants specializing in fine appeals who are responsible for all the procedures of the appeal.
If the fine is reported on the spot and is for any reason derived from driving behavior (speed, mobile, calling, stopping, forbidden access, reckless driving, drugs, traffic lights, etc.) 20 calendar days to appeal without further delay. So, should we wait for the ticket to come home if we find a bulletin on the windshield?
“If we find a bulletin on the windshield in which our details do not appear, even if it was left to us at the time, we will have to wait to receive the complaint in our name,” he explains.
Beatriz de Duenas Moreno, attorney at Pyramid Consulting. “The fines that we receive at home and that must arrive by certified mail are subject to appeal from the day after we receive them, and depending on the procedural moment in question, the time limit can be 20 calendar days, 10 working days or a month, this in general,” he adds.
Given this, what should we do? First of all: “You must read the notification very carefully, because in the event that you are the owner of the vehicle, if they did not hand us the fine, the agency first wants to know who was driving the vehicle, for The procedure to be complied with would be to write a letter with only the driver’s details, even if you are one yourself,” he emphasizes.
“If, on the other hand, the fine is already in our name because the owner has already identified us, we have to look at two things: if there is a photo, and the period that has elapsed from the date of the fine until we receive it because according to the elapsed time (3 or 6 months) limitation of the violation can be claimed. Depending on the quality of the image, the photo is more likely to be challenged,” he emphasizes.
In any case, if we do not agree with the sanction and want to challenge the fine, Beatriz de Dueñas is clear: «We cannot pay with a discount, because if we do, we lose the right to the bonus. When we pay, we show our agreement with the reported facts, the procedure ends and if points are involved, they will be deducted shortly.
“If we want to appeal and not pay at a discount, we have to write a document that consists, in very general terms, of a headline (who we address and who presents it), the facts or story of the same, the legal grounds, that is, the rights that we understand have been infringed and the request for evidence we deem appropriate, and the plea or request,” the Pyramid Consulting attorney details.
“Once the document has been submitted through the appropriate channel (via registration, by post or electronically if not a company), we will wait for the administration to respond to the document, a response that will always be addressed to the person who submitted, that is, the sanctioned. It is of course very important, and we reiterate in a special way, that the deadline allotted for this is always fulfilled, since any procedure performed outside the deadline will have no real effects and, in everyday language, will resemble doing nothing he concludes.
Source: La Verdad
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
