Urgent help needed with an old fine from Tráfico

[davecabezo]

Hi,

Seemingly in 2009 I was caught speeding on the road into El Medano. I didn't receive any notification until 2011 when a recorded delivery letter arrived stating that I had to pay 900Eu. The letter also stated that they had tried to serve notice at an address in El Medano that I had left over 6 years previously! My new address was properly registered at the Town Hall and the car in question had never been registered at that address. I went to a Lawyer who wrote a letter on my behalf for 150Eu!!. I hadn't heard any more since then so thought the letter had done the trick. Not so, last week an almost identical letter arrived, another 2 years have passed!
I took that letter to the Lawyer who then said that I should pay the fine as his costs would be in excess of 900 Eu and even if I won, which he thought I would, I wouldn't be able to reclaim the costs from the Court or Traffico. The Lawyer is adamant that the fine is preposterous but as he says I don't have any options unless I know someone who will take up my case for less than 900 Eu.

So does anyone have any suggestions re help etc. I've already spoken to the Consulate in Santa Cruz but they don't have any legal department to help and neither does the Embassy in Madrid. I'm a pensioner and the amount of money involved is worrying and that is apart from the frustration and sense of injustice that I feel.

Regards,

Dave

[Andy0210]

I have just copied and pasted this to a friend of mine that works in the legal side of things here to see if she could help you, sorry to say but this is her reply to me........

"This is why I say that every year or when you move you should update all your documents! Nothing they can do! His fault! It is a legal requirement for all EU members to update there documents. Get a Lawyer but you wont win & the court costs will be 1000's !

[cressrt]

I know it will not help with this but get a digital certificate from the hacienda. Then in the future it would mean that correspondence, when and if its necessary, will be sent to you electronically via the e mail supplied and on opening the e mail you will have been deemed to have received the letter/document and should there be any time limit eg 15 days in which to appeal /respond etc, it would be counted from the date of opening the e mail, as if you had physically signed for a letter at the post office.

[davecabezo]

Still not sure what you mean "Update all your documents" I sold the house in El Medano in 2003 and bought the house I now live in. At the time the Town Hall and all Utility companies were informed, Mt NIE certificate etc are all In my new address. The car in question has never been registered at the El Medano address, so which documents are being referred to ?

Regards,

Dave

[9PLUS]

Advice

Pay the fine and drive slower


X

[golf birdie]

Still not sure what you mean "Update all your documents" I sold the house in El Medano in 2003 and bought the house I now live in. At the time the Town Hall and all Utility companies were informed, Mt NIE certificate etc are all In my new address. The car in question has never been registered at the El Medano address, so which documents are being referred to ?

Regards,

Dave

have you checked your car insurance to see if it includes legal cover. One of the main reasons I use Linea directa.

[davecabezo]

Thanks for your SUPER advice 9Plus. It's not the "Fine" I'm bothered about but the "Interest" charged . I'm not even sure it was me driving, it could have been anyone of 4 drivers that occasionally use the car. As another Gripe you may have noticed that most of the "Speed restrictions" are there to make money when needed. The signs are at very least ambiguous. Or Haven't you noticed!!

[9PLUS]

Thanks for your SUPER advice 9Plus. It's not the "Fine" I'm bothered about but the "Interest" charged . I'm not even sure it was me driving, it could have been anyone of 4 drivers that occasionally use the car. As another Gripe you may have noticed that most of the "Speed restrictions" are there to make money when needed. The signs are at very least ambiguous. Or Haven't you noticed!!



OK did you inform Trafico of your move?

[davecabezo]

I did not have the car until after I moved

[9PLUS]

Driving license issue, nothing to do with owning a car Dave.

Trafico have used your last address, and it sounds as though you didn't inform them of your new address, not a great deal you can do other than pay and forget.

Or you'll be paying a fortune to loose it.


They aren't going to take off the interest because you didn't know about registering your new address, it just doesn't wash with them.

I am surprised it's taken so long to come around after the first 2 year, they normally just embargo your account for the money owed if they can't get hold of you.