Wiener didn’t give up – victory in court after a fine at the car shop

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Hybrid car driver Wolf-Dieter M. went to the administrative court for a traffic fine and was proved right. As reported, he was fined 88 euros because he wanted to charge his environmentally friendly car, but there was a technical defect at the charging station.

Readers of “Krone” recall: Viennese environmental friend Wolf-Dieter M. (62) was fined 78 euros in September of the previous year. Why? Because the self-employed person had charged his plug-in hybrid car at the S-Bahn station in Vienna-Gersthof and a parking sheriff had given him a ticket for this – even though the stand has been designated as a charging station by an energy supplier!

However, the 62-year-old did not want to comment on this and appealed. But instead of the penalty backbecause of the objection, he received an additional ten euros. The justification of the authority: “The loading time was exceeded because a red light was on at the station!” However, this turned out to be a technical defect of the provider.

Judgment came in the mail
“I did not want to accept this arbitrariness. It was not about the 88 euros, but about the principle and because I am right,” says M. in an interview with “Krone”. The Viennese then went to the administrative court. The written decision was made on 7 March and was recently sent to M. by post.

And behold: “The Administrative Court of Vienna (…) has recognized the complaint (…) against the criminal order of the Municipal Division of the City of Vienna, Municipal Division 67 (…): I. In accordance with § 50 VwGVG , the complaint is followed up and the contested decision to impose a fine is adopted. II Pursuant to Article 52(8) of the VwGVG, the complainant is not required to contribute to the costs of the complaints procedure. III. According to § 25a VwGG, an ordinary appeal to the administrative court (…) against this finding is inadmissible.”

“This decision certainly sets a precedent,” says the 62-year-old delighted about the twelve-page verdict, which officially gives him justice and the entire verdict is therefore null and void!

Source: Krone

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