Spanish speeding ticket payment

robatwork

poppasmurf_bewdley wrote: »

https://www.sct.myfines.eu

BT seems to be blocking access to this site, least I can't access it.

So more than likely a scam.

There's no www so remove that.

Here's the guff from the Privacy policy - I'd contact all of these people prior to paying anything:

The holder of the processing of your personal data is the creditor together with Multiservizi Srl, VAT number 01737160562, CF 01737160562, in the figure of Mr. Tysserand Raffaele (CF: TYARFL88T10A040K).

Email: info@multiservizisrl.eu
Telephone: 0763 798057
The undersigned Company has appointed as DPO (Data Protection Officer):

the lawyer. MARTINI LUCA, (CF MRTLCU69S23G148D) who can be contacted at the following email address: avv.lucamartini@tiscali.it )
In order to verify the existence of the conditions and procedures for the exercise of the aforementioned rights, please refer to the full text of the forecasts, available on the website: https://www.garanteprivacy.it. We inform you that, if you believe the above mentioned rights are violated, the current legislation allows you to file a complaint with the National Supervisory Authority. Further information, including the references of any data processors, may be requested by the interested party by written communication to be sent to the following addresses:

Multiservizi Srl - Via A. Volta 25 - 01021 Acquapendente (Vt)
info@multiservizisrl.eu


That Tiscali.it address is pretty shonky for a lawyer, but I'm not 100% convinced this is a scam.

How do they know you were driving in Spain at the time of the alleged speeding?

CardinalWolsey

poppasmurf_bewdley wrote: »

https://www.sct.myfines.eu

BT seems to be blocking access to this site, least I can't access it.

So more than likely a scam.

BT aren't blocking it - you got the address wrong. It's sct.myfines.eu - i.e. no www prefix.

Mercdriver

poppasmurf_bewdley wrote: »

Section 1, Road Traffic Offenders Act 1988. For certain road traffic offences the driver must be given a warning that he faces prosecution. ... Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The NIP must be served on the registered keeper within 14 days of the offence.

If the above applies, how on earth could he be prosecuted in this country by another country if the law of this country has not been carried out?

That is UK law. Despite what Brexit fans will tell you, each country within the EU has its own laws. UK laws do not apply to offences that take place in Spain. If Spain have a similar provision then it would apply. You cannot apply UK law provisions to an offence in another country.

Car_54

poppasmurf_bewdley wrote: »

Section 1, Road Traffic Offenders Act 1988. For certain road traffic offences the driver must be given a warning that he faces prosecution. ... Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The NIP must be served on the registered keeper within 14 days of the offence.

If the above applies, how on earth could he be prosecuted in this country by another country if the law of this country has not been carried out?

As I have already explained, NIPs are required ONLY for certain offences, which are offences against UK law.



It is of absolutely no relevance to crimes committed in other countries. The OP is being pursued through the Spanish legal system, not a UK one.

poppasmurf_bewdley

Mercdriver wrote: »

That is UK law. Despite what Brexit fans will tell you, each country within the EU has its own laws. UK laws do not apply to offences that take place in Spain. If Spain have a similar provision then it would apply. You cannot apply UK law provisions to an offence in another country.

Car_54 wrote: »

As I have already explained, NIPs are required ONLY for certain offences, which are offences against UK law.


It is of absolutely no relevance to crimes committed in other countries. The OP is being pursued through the Spanish legal system, not a UK one.

For any foreign law to be applied in Britain, it has to be compatible with British Law. For example, if a country wanted to extradite someone from this country to another for something that wasn't an offence here, the extradition would be denied.

Can you really imagine a judge in this country saying: "By law, Drivers in Britain must be notified within 14 days of an offence. So this notice served in Britain three months after the offence will be allowed!!!" I think not.

What would happen to the driver if he went back to Spain is another thing. They may put him in handcuffs at the border.

In Britain, it's an invalid notice, just as if West Mercia Police sent it three months after the offence.

Car_54

poppasmurf_bewdley wrote: »

For any foreign law to be applied in Britain, it has to be compatible with British Law. For example, if a country wanted to extradite someone from this country to another for something that wasn't an offence here, the extradition would be denied.

Can you really imagine a judge in this country saying: "By law, Drivers in Britain must be notified within 14 days of an offence. So this notice served in Britain three months after the offence will be allowed!!!" I think not.

What would happen to the driver if he went back to Spain is another thing. They may put him in handcuffs at the border.

In Britain, it's an invalid notice, just as if West Mercia Police sent it three months after the offence.

But extradition won't arise, nor will it be commented on by a British judge. It is entirely a matter between the OP and the Spaniards.

Mercdriver

poppasmurf_bewdley wrote: »

For any foreign law to be applied in Britain, it has to be compatible with British Law. For example, if a country wanted to extradite someone from this country to another for something that wasn't an offence here, the extradition would be denied.

Can you really imagine a judge in this country saying: "By law, Drivers in Britain must be notified within 14 days of an offence. So this notice served in Britain three months after the offence will be allowed!!!" I think not.

What would happen to the driver if he went back to Spain is another thing. They may put him in handcuffs at the border.

In Britain, it's an invalid notice, just as if West Mercia Police sent it three months after the offence.

What you are saying is nonsensical. The parallels do not work since a UK criminal court will not try the case. We are talking about Spanish Law. That is the law that the OP is alleged to have broken. What generally happens is that the agency involved registers it as a debt and takes action through the legal companies and the county court system.

You simply cannot employ UK law provisions to another country's legal process. The OP could just ignore it, as many do and get away with it. Or else it could go to a County Court where it will be decided on the balance of probability whether the OP is liable. Balance of probability could go either way. If the OP doesn't turn up for the hearing the case will go against them. 14 day notice period may or may not be completely irrelevant. It could be used vaguely but will not be recognised by the court as it doesn't apply to the Spanish case.

The parallell you bring is not relevant since a UK police force is subject to the 14 day notice. A Spanish police force is not. The 14 day will only be worth even mentioning if the OP decides that he wasn't sure if it was them who was driving. They should be sure of themselves if doing so, since a County Court is still subject to perjury charges for dishonesty.

CardinalWolsey

poppasmurf_bewdley wrote: »

For any foreign law to be applied in Britain, it has to be compatible with British Law. For example, if a country wanted to extradite someone from this country to another for something that wasn't an offence here, the extradition would be denied.

Can you really imagine a judge in this country saying: "By law, Drivers in Britain must be notified within 14 days of an offence. So this notice served in Britain three months after the offence will be allowed!!!" I think not.

What would happen to the driver if he went back to Spain is another thing. They may put him in handcuffs at the border.

In Britain, it's an invalid notice, just as if West Mercia Police sent it three months after the offence.

It's dangerous when such tosh is posted as if it were fact.

The following motoring offences can be penalised "cross-border", per the rules of the country the offence took place in:

• Speeding;
• Not using a seatbelt;
• Not stopping at a red traffic light or other mandatory stop signal;
• Drink driving;
• Driving under the influence of drugs;
• Not wearing a safety helmet (for motorcyclists);
• Using a forbidden lane (such as the forbidden use of an emergency lane, a lane reserved for public transport, or a lane closed down for road works);
• Illegally using a mobile phone, or any other communications device, while driving.

References:

https://etsc.eu/faq-eu-cross-border-enforcement-directive/
https://ec.europa.eu/info/law/cross-border-cases/judicial-cooperation/types-judicial-cooperation/payment-fines_en

poppasmurf_bewdley

Car_54 wrote: »

But extradition won't arise, nor will it be commented on by a British judge. It is entirely a matter between the OP and the Spaniards.

Mercdriver wrote: »

What you are saying is nonsensical. The parallels do not work since a UK criminal court will not try the case. We are talking about Spanish Law. That is the law that the OP is alleged to have broken. What generally happens is that the agency involved registers it as a debt and takes action through the legal companies and the county court system.

You simply cannot employ UK law provisions to another country's legal process. The OP could just ignore it, as many do and get away with it. Or else it could go to a County Court where it will be decided on the balance of probability whether the OP is liable. Balance of probability could go either way. If the OP doesn't turn up for the hearing the case will go against them. 14 day notice period may or may not be completely irrelevant. It could be used vaguely but will not be recognised by the court as it doesn't apply to the Spanish case.

The parallell you bring is not relevant since a UK police force is subject to the 14 day notice. A Spanish police force is not. The 14 day will only be worth even mentioning if the OP decides that he wasn't sure if it was them who was driving. They should be sure of themselves if doing so, since a County Court is still subject to perjury charges for dishonesty.

I never said that if it came up before a judge, it would be in the criminal court. Of course it would be in the county court. But British law is British law.

But even a County Court Judge cannot go against the law as stated.

We will have to agree to disagree, and let the OP decide what to do.

If he comes back in 12 months and says he ignored it, went back to Spain and got arrested, so be it.

Or he comes back and says they took him to court, and it found for Spain, I'll admit I was wrong.

My bet is - he will ignore the matter and not hear anything more about it.

Everything (else) is conjecture.

Mercdriver

This has been reported to have happened on pepipoo. It isn't treated as a fine but as a civil debt. So British criminal law doesn't even come into the equation.