Limits for bringing actions
According to the current Law on Traffic and if not wanting to pay the fine, the time for appeal is 20 days from the notification of the sanction (TESTRA notifications are included, the Edictal traffic fines), just the same time if you decide to pay and 'benefit' of early payment. If the amount payable is not very big (a minor offense, for example, can not exceed 100 euros, which translates into 50 euros for the I'll pay soon), A large majority of drivers do not want complications and choose to pay and therefore 'benefit' 50 percent 'rebate'. However, there may be some kind of error or irregularity with which you can avoid paying it.
Errors of form and tests
When you have been notified the penalty fee or sanction, the first thing to do is to analyze from the first to the last word the notification of the fine looking for any way possible error. In this first inspection, check all your personal information (ID, name) and the correct identification of the vehicle (make, model and registration). If you see any error in these data, there is already a clerical error and can appeal the sanction and therefore avoid paying it. We may also resort to reason if the notice or bulletin complaint does not inform us of the fine points involved in the case that the offense can generate the loss of points.
For a fine prescribed, Administration should overdo the time of notification of the complaint. This is a function of the offense. The one minor is 3 months and the severe and very severe are 6 months. After presenting our respective arguments, begins again to count time, providing the administration four months to respond.
We analyze the two most common types of fines for speed, parking and skipping a traffic light looking for any mistakes.
- Speed: Resources for speeding fines are geared to ask for evidence that such infringement has existed and has been detected by reliable means and duly approved. If you currently own complaints in the administration sends us both from the DGT Complaint Center Leon as many municipalities, Trafiko Transit Catalonia and the Basque Country, figure photography and corresponding radar data. Well
- margins: Another aspect that should not be overlooked following a complaint by speeding is the margin you have applied. In the photograph you can see the speed at which the photo was taken. Under the Act, the fixed radars have a maximum error of 4 km / h in less than 100 measurements and 4 percent in measurements over that speed. The mobile, meanwhile is 7 km / h on measurements of less than 100 km / h and 7 percent at higher speeds. The actual error depends on each apparatus as is approved by Metrology. What we do must be clear is that there is no radar approved by this body having an error of 0 percent. Must be careful in this regard as some reports have pointed to that used margins have gone down without notice, so a driver could before circulating to 130 km / h without being sanctioned (by margins applied), now yes it would be to exceed 126 km / h in a fixed radar or 128 km / h on mobile devices camufaldos.
The penalty fee It will not be valid if the device has not been subjected to perceptual metrological controls (you can request a test or report reliability of radar has 'caught' you), or if not properly distinguish the vehicle or enrollment in photography. Should that we've applied the maximum amount within the scale of the fine we can ask why and should be consistent-that will change with the next amendment of Regulation Sancionador-. Otherwise, we may claim lack of proportionality. If there is any defect, it has expired or been required we can also rely on it.
- parking: In the case of sanctions imposed by poor parking we can ask photographic proof, although the word is enough agent. But controllers regulated parking area ORA no presumption of truth and yes we will require proof of what they say or bring the receipt to prove they have paid the parking fee. In other cases we can provide a photograph to prove that the vehicle was improperly parked not. Apart from these reasons are generic and prescription, expiration and deficiencies.
- Skipping a traffic light: If the notification indicates that you have missed a traffic light in red and your car appears 'hunted' by a camera, as in the case of speeding tickets, you should check that the registration of your car is fully visible, in addition to monitoring the traffic light still is not in phase amber. You can also request a report the correct operation of the camera.