It is not an easy task: appealing a fine is sometimes a real ordeal for the offender, who encounters a bureaucracy that sometimes exceeds both his knowledge and his patience. Furthermore, on many occasions there is a great lack of knowledge on the part of citizens regarding their right to claim it. In this case, having a lawyer to accompany you in the process is usually synonymous with peace of mind and, in most cases, positive results.
The first thing the offender should know is that to appeal a fine, it must be done within a very specific timeframe ; otherwise, their appeal will no longer be valid, because even if there is no record that they received the fine in hand, the sanctioning process will continue.
The fine can also be received by the offender at the time the incident occurs, that is, the police officer himself can hand-deliver the fine to the offender. If it is signed at that time, it is indicating that the offender has received notification of the fine, without further ado. The police officer must also sign it and this ensures that it is recorded that he has given it to us. An important fact to know is that if the owner of the vehicle was not the one who was driving at the time of committing the infraction, the vehicle's data must be communicated, otherwise you face a fine ranging from 301 to the 1500 euros.
With this basic knowledge, we will now see the procedure for appealing a fine . First, it's important to know that paying the fine means waiving your right to appeal. Therefore, if you disagree with the penalty, you must submit the relevant arguments within fifteen business days of the date the fine was issued. Otherwise, as mentioned above, the fine will proceed, and if no action is taken, the Tax Agency will ultimately demand payment (with a 20 percent surcharge).
Secondly, if it is decided to appeal, a document must be made with the pertinent allegations and the necessary evidence to support such appeal. This letter must be sent to the Traffic Chief of the province where the incident occurred, both in person and remotely (mail). This writing is of utmost importance and must be done as established by law.
And this is when the many errors that the offender makes due to ignorance of the legal process occur. Therefore, we recommend that this procedure be carried out with the support of an experienced professional who will adequately advise us throughout the entire process. At Vosseler Abogados we have a great team that is dedicated to the claim for fines with a high percentage of good results. Do not hesitate to contact us.
