To avoid unpleasant surprises, remember to always check the data when paying for parking, conserve receipts and know your rights to a possible unfair sanction.
The fines for undue parking lot in Madrid They are regulated by the 2018 Sustainable Mobility Ordinance and They can be imposed by both the Municipal Police and by the controllers of the Regulated Parking Service (SER)explains Belén López, a jurist at Pyramid Consulting, expert in traffic and transport fines management. However, not all sanctions have the same validity and there are frequent errors that can lead to unfair fines.
Who can fine you and where
The Municipal Police It has the authority to denounce parking infractions anywhere in the city. Instead, THE CONTROLLERS OF BEING They can only sanction in the regulated areas: blue zone (maximum 4 -hour parking time) and green zone (preferential for residents, with a limit of 2 hours for non -residents and higher rates).
Are the fines of the Being drivers valid?
Unlike the municipal police, Being controllers are not agents of the authority, hence Their complaints have no presumption of truthfulness. Therefore, they must always have evidence that supports their complaint, or will be violating our presumption of innocence (providing documentary evidence, such as clear photographs of the infraction.
After a few days we will receive a notification by postal mail. This letter has not been issued by the local administration, so it cannot be considered a fine. That is, it lacks validity as well as the previous one.
Days later, we will receive a certified notification at our home with the formal complaint. From this moment on, we can decide to resort to it or not.
The person responsible for the fine, according to article 82.g) of the Traffic Law, is the holder of the vehicle, unless expressly designated to a different driver.
For the complaint to be valid, the administration must present clear and verifiable evidence:
-Photographies that prove the infraction.
-Es detailed and duly motivated by the agents.
Care when using mobile application
More and more drivers use mobile applications to manage parkingbut these systems They are not exempt from failures They can lead to sanctions:
-A incorrect mouth: Insert the data or select the wrong vehicle.
-Itrror location: The application can register the car in another neighborhood, which in Madrid could lead to a complaint.
While the administration must demonstrate the infraction, It is advisable to save payment vouchers as proof that the user tried to comply with the regulations.
When a fine is a consequence of a failure in the application, the administration would be incurring unfair enrichment, since it charges the sanction without compensating the amount already paid by the parking lot.
If you think you have been wrongly sanctioned, it is essential to have evidence and legal advice to challenge the fine effectively.
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