You receive 28 fine notifications in one day, but a judge has annulled them all
We will a Central Madrid, the restricted traffic area of the capital, to which only a limited group of vehicles have access and in which improper passage is punished with fines of 100 euros. A driver has repeatedly breached this precept; so much that in a single day he received 28 notifications of sanction, but all have been annulled by a judge.
According to the motorist defense company that has taken charge of the appeal of the fines, the sanctioned driver is a resident in the perimeter area of Central Madrid. Being a resident in the area meets one of the requirements established to be able to circulate inside. The problem is that, to do so, you had to notify the City Council of your resident status and have registered the details of your car (a rental vehicle).
Can you be fined more than once a day for entering Madrid Central without a DGT label?
It did not. He states that he was not aware that he had to carry out this procedure and that at no time did he receive the information paper of the consistory was sending the residents of Central Madrid and all those who until November 2018 accessed the restricted area without permission.
According to Pyramid Consulting, the driver “did not receive any notification at his home from the Administration informing him that he would be penalized for driving through the place of the offense”; this is the reason why “he accessed daily as he was a resident of Central Madrid, his vehicle being a rental vehicle”.
“It was to be assumed that he could circulate on the road in which he was denounced (via which he accessed daily since before the entry into force of Central Madrid), if he had not been warned that it was a restricted area”, the lawyers continue. Until, “in February 2020, he received the 28 fines at the same time at his home.”
Pyramid Consulting’s defense is based on the fact that it is a continued offense, provided for in art. 63.3 of Law 39/2015, which indicates that “new sanctioning procedures may not be initiated for acts or behaviors classified as infractions in which the offender persists continuously, as long as a first sanctioning resolution of the same has not fallen, with executive character. “
The judge in charge of the case accepts that it is a continuous infraction and that the driver was not aware that she was committing an infraction. “It is clear to my understanding that if so many offenses have been committed, it is because of the plaintiff’s belief that she is acting correctly, which is why the provisions of the aforementioned provision had to be complied with,” he says in the sentence. His decision is to annul the fines, leaving in the air who must assume the payment of the costs.
This is not the first time that a Court has annulled a series of fines from Madrid Central to the same driver for the article that regulates continued infractions. A little less than a year ago, a driver who accumulated 3,000 euros in fines from Madrid Central reduced the amount to pay to 90 euros.
Noelia Lopez April 8, 2021 – 06: 17h