On many occasions due to ignorance, to avoid problems or to take advantage of the discount for prompt payment, many drivers decide to pay a fine, no matter how much they consider it to be unfair or that it contains some type of error. However, appealing a fine is not as complicated as it seems, and in addition to your arguments, there are other Formal reasons that can help you avoid the sanction.
In the first place, in the event that the sanction has been imposed by a local police officer, an appeal must be made to the Town Hall of the town where it has been imposed. If, on the contrary, it has been imposed by the(DGT) we must make the claim to it. Although it is important to remember that normally especially if it is at all risk or you have hired legal assistance, usually offer coverage for defense and claim. There are also companies and consultants specialized in the appeal of fines that will be in charge of all the procedures of the appeal.
According to, if the fine is notified on the spot, and it is for some reason derived from driving behavior (speed, mobile, belt, stop, prohibited access, reckless driving, drugs, traffic lights, etc.), a period of 2 calendar days to appeal without further delay. So, should we wait for the ticket to come home when we find a bulletin on the windshield?
“If we find a bulletin on the windshield in which our data does not appear, even if it was left to us at that 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, can be appealed from the day after we receive them, and depending on the procedural moment in question, the term can be 2 calendar days, 1 business days or a month, this in general, “he adds.
Given this, what should we do? First of all, “you have to read the notification very well, because in case of being the owners of the vehicle, if they have not handed us the fine, the first thing the agency wants to know is who was driving the vehicle, for which the The procedure to be fulfilled would be to write a letter providing only the data of the driver, even in the event of being one yourself“, he points out.
“If, on the other hand, the fine already comes 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 time that has passed (3 or 6 months) prescription of the infraction may be claimed. Depending on the quality of the image, there will be greater chances of contesting the photograph », he underlines.
In any case, if we do not agree with the sanction and want to contest the fine, Beatriz de Dueñas is clear: «We must not pay with a discount because if we do, we lose the right to the bonus. If we pay, we show our agreement with the reported facts, the procedure is terminated and, if it involves points, these will be deducted shortly.
Appeal and do not pay with discount
“If we want to appeal and not pay with a discount, we must write a document that, in very general terms, is made up of a heading (whom we are addressing and who is presenting it), the facts or the story of the same, the legal grounds , that is, the rights that we understand have been violated and the request for the evidence that we deem appropriate, and the plea or request,” details the Pyramid Consulting lawyer.
“Once the document is submitted through the appropriate channel (by registration, by post, or electronically if it is not a company), we will wait for the Administration to reply to the document, a response that will always be addressed to the person that has filed it, that is, the sanctioned one. Of course, it is very important, and we reiterate it in a special way, that the term granted for this purpose is always fulfilled, since any procedure carried out outside the term will lack real effects and will be, colloquially speaking, like doing nothing“, he concludes .