Appealing a Spanish Fine

320757767

I'll keep this as brief as possible. My father picked up some friends of a friend from Almeria airport. He was stopped at the airport by the police and warned to never carry passengers who aren't family. This was 2012.

As he went to tax his new car this year, it came to light that this matter had been taken further and a €4000+ interest fine was outstanding. They paid it a few months back unfortunately, in fear of further consequences. There had never been any correspondence from the police on this matter whatsoever. Surely on these grounds alone the fine should have been annulled.

Obviously he hadn't committed a crime in the first place. It feels like he has literally been robbed by the police who should be there to protect them.

Anybody have similar experience or know someone in UK or Spain we could liaise with.

Thanks for your help.

David.

forgotmyname

Arrested? Fined for picking up friends of a friend?

I assume there is MUCH more to this than your letting on. What illegal substances were they carrying?

enfield_freddy

I sense that the OP and father are not referring to UK law , this might be some weird local byelaw , or they thought he was acting as an illegal taxi

rs65

Was it something like he was accused of operating an unlicensed taxi?

Might be best to get Spanish legal advice or try an expat forum.

320757767

Forgotmyname- thanks for the advice!!

The guardia civil certainly like to clamp down on these unlicensed taxi goings on. I certainly believe this was their intent. He was not issued with any fine or summons at source, just a warning that if he did any illegal taxi work they would come down hard. That's fair enough.

The point in case, is that he never got anything through the door. Even though all letters are supposed to be signed for.

Surely if he appeals the case any decent judge will find there's no paper trail at my fathers end and it should be thrown out.

I guess he needs to find a Spanish Mr Loophole.

maninthestreet

4000 Euros??!!

missile

It seems you / your father is not telling the whole story.


Please be advised:
Many Brits are flouting the law by running illegal taxi operations. The Police Local (not Guardia Civil) have been asked to take action. They do monitor at Almeria and Alicante Airports. They will stop vehicles making frequent pick ups. This has been well publicised e.g. in local free papers. I would add illegal taxi operation is not a victimless crime. I am not saying your father has been doing this, but it appears that the police thought he was. He may have been stopped and cautioned previously?


Many Brits have not registered at the town hall, i.e. on the "Padron". If your father did not, then this may explain why he did not receive notification of the offence / fines / court case.


If your father thinks he is innocent, he should seek the advice of a solicitor (abogado), just as he would in the UK.

Marktheshark

The time to ask for advice was BEFORE paying £4000
The matter is now closed.

missile

320757767 wrote: »

... It feels like he has literally been robbed by the police who should be there to protect them..

I have always found the Police in Spain to be very helpful. FYI: fines do not go to the police. In Alicante province, your father will have paid his fine to SUMA http://en.wikipedia.org/wiki/Suma_Gesti%C3%B3n_Tributaria

320757767

Many thanks again for your feedback. Missile, I'll ask about the "Padron". They are the most law abiding citizens you could meet, which makes the whole situation worse. I agree if they've paid the fine, there's probably little you can do about it now.

I've just researched what the punishment is in this country. It is a couple of hundred quid and six points. The €4000 is the outrageous part of the episode.

missile

320757767 wrote: »

I've just researched what the punishment is in this country. It is a couple of hundred quid and six points. .....

Where did you find that info?

The info I found for UK is
Upon conviction the maximum penalty for using an unlicensed taxi is a fine not exceeding £2500. Similarly driving a taxi without being the holder of a Taxi Drivers Licence carries a maximum fine of £1000 plus 3 - 6 penalty points


The following press release by the Chief of the Local Police in Torrevieja was published in the Leader:
The security services have agreed to take action to control and eliminate this illegal activity and would point out that, under Spanish law, a vehicle which is being used for unauthorized public transport without a license, is liable to be confiscated for a period of up to one year whilst the driver is liable to a fine.
The authorities also wish to remind potential users of these ‘pirate’ taxis, of the risks involved in view of the lack of the relevant insurance, obligatory for those taxis which operate legally.

Please be advised: Unpaid fines in Spain automatically accrue penalty and interest charges.