What is the best excuse to appeal a parking ticket?

What is the best excuse to appeal a parking ticket?

Fine for parking at a bus stop

We can do nothing at that moment, that is to say, not to cancel the false fine and wait until we receive the agreement of the City Council, of initiation of the sanctioning procedure. If we receive the agreement of initiation, by a non-certified mail, the recommendation is to do nothing (neither pay the fine, nor make allegations), because the Administration has no record of the offense, the first thing to do is to notify the complaint in the home of the owner of the vehicle, running the deadlines for a possible statute of limitations.

However, if the agreement to initiate the sanctioning proceedings and finally the sanctioning resolution arrives at our domicile by registered mail, we must allege or, as the case may be, appeal the final resolution.

Numerous pronouncements of the courts have resolved the complaints filed by the parking and traffic controllers of the Blue Zone (in its various denominations), denying the evidentiary effectiveness or, at least, enough to destroy the presumption of innocence by themselves.

What happens if I do not pay a fine for bad parking.

Article 64.2. Extension of the nullity or invalidity of the acts. In its Paragraph 2 it says: “The nullity or annulment in part of the administrative act will not imply the nullity or annulment of the parts of the same independent of that part unless the vitiated part is of such importance that without it the administrative act would not have been dictated”. In reality this means that when the notification lacks the essential elements established in Article 74.2 of the LSV as requirements of the complaints, it is when the notification can be considered as suffering from a formal defect that can be a cause of nullity.

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Article 63. Annullability of the law to which we refer states “However, the defect of form will only determine the annullability when the act lacks the formal requirements indispensable to achieve its purpose or gives rise to the defenselessness of the interested parties.” That is to say, if the purpose of the notification is that the person concerned is informed of the points mentioned in Article 74.2 of the LSV and has sufficient data to be understood, if it lacks any of them, we can say that it may be subject to annulment. But it is necessary to specify that in these cases it is a defect that can be rectifiable, that is to say, we can allege that there is annulment, but the Administration can send us a new notification with the incorrect data already corrected and be perfectly valid.

Fines for parking in loading and unloading zones

Since March 16, fines for infractions or non-compliance with Madrid Central regulations are the order of the day. We have already analyzed the keys to circulate in Madrid Central and the meaning of the environmental label in this regard. However, what can we do if we have received a fine for improperly driving through Madrid Central?

The accesses of Madrid Central are guarded by 115 video surveillance cameras. So, if our car has the environmental badge B or C (we are not residents or comply with any of the exceptions) and we appear in the list of the access cameras, but not in the list of the parking lots, we will receive a fine.

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Residents, on the other hand, are allowed to enter the entire Madrid Central area. But they can only park in their neighborhood. For the time being, and only until 2025, they can circulate freely without an environmental label.

And yes, there are indeed “invitations” from residents to non-residents: 20 monthly invitations available to the former, which will allow the latter to circulate freely in Madrid Central and park for a maximum period of two hours in the SER zone or in a parking lot with no time limit. (Note, no environmental label for the moment only until 2020).

When a fine is void

Therefore, when you cannot justify your conduct or you have no excuse that can be appealed or you do not want to appeal, you have to pay the fine.    In this case, if the amount is paid before the days from the notification of the fine have passed, we can benefit from a 50% reduction of the amount of the fine.

It may happen that the fine that has been notified to us is not correct, is not in accordance with the law or is time-barred.    In this case, we can appeal the fine within a maximum period of 20 calendar days from the date of notification of the fine.

However, we have to take into account that if we decide to appeal we will lose the 50% reduction of the amount, so it is advisable that once we have been notified of the fine and we believe we can appeal, we contact a lawyer to examine our case and confirm that we must appeal.

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First comes the fine, which informs us that we have a period of time to pay the fine or to argue or state the reasons why we believe that we are not entitled to the fine, as well as to provide the evidence we consider appropriate.

What is the best excuse to appeal a parking ticket?
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