Fined when car locked up and I was in UK

[CuevaCascada]

Not sure if anyone can help please, I just found this site and looks great. In June 2010 I have managed to get a fine for what I think was parking dangerously in Jaen. I was in the UK, my car was locked up at my home in Spain, I have never been to Jaen. I was not aware of the fine, until a long time after the event as I was not in Spain and did not get the mail about it, I have had proof of my flights to the UK sent to Jaen but they say that is not proof my car was not in Jaen!! I have asked for the ticket/photo to prove it was my car, but they say it was left too long. I have written to Jaen, but get no reply, I have written to the Mayor of Jaen, no reply, I have written to the British Consulate who told me to lodge a complaint to the Ombudsman for Andalucia who has replied and noted it, but says that will not stop any action, now i am told the fine (which has multiplied) will be taken from my bank account and I will be denounced. Everyone I ask says just pay it, but that is just not fair as I have done nothing wrong and it is costing me to try and sort out the mess!! anyone suggest who I can turn to, or what to do? I sadly do not speak Spanish so need help in English.

[AJC]

Depending upon how much the fine actually is, I would be inclined to agree and just pay up. I know it is frustrating (aswell as probably illegal) but it is a fight that you are unlikely to win aswell as incurring legal costs on top of your fine.

[admin]

Sadly, I have to agree with AJC.
You are generally given a 15 day period of appeal which has passed you by, so the option to argue your case has been missed ( And yes, this may be partly to take advantage of the fact that a number of foreign owners may be out of the country !)
Although this won't help you much on this occassion, it will tell you a little more about the law and hopefully be of some use to anyone reading this who may be in a similar situation

>>> http://www.tumbit.com/how-to-guides/art ... -them.html

It also has a couple of links which will enable you to enter your vehicle reg to see if there are any fines or penalties attached to it without your prior knowledge, and another link to allow you to make payments of such fines online, if you choose.

[CuevaCascada]

I understand what you are saying, thank you, but it seems so unfair and unjust you do nothing wrong and have to pay several hundred euros, what happened to justice? and if it is that someone cloned my car, could happen over and over again. Think on principal would rather go to prison!! maybe the press will take it up in the UK? Is this how Spain treats law abiding visitors?

[Robster]

Just a few comments, questions and observations here :

- Do you actually live anywhere near to Jaen ?
- Have you any proof that your car was locked up ?
- Was the fine issued by Traffico or by the Ayuntamiento ?
- Have you checked the website link given by Tumbit to see if there is a record of the fine online ?

If there is no record online, check with your local Ayuntamiento and/or Traffico because it has been known for fraudsters to isse tickets like this. It only takes 1 in 10 to pay the fine into the bank account advised without questioning it and they have a tidy profit !

[CuevaCascada]

Hi robster,
No my house in Spain is near Baza, so never actually been to Jaen.
Not sure how i can have proof the car was locked up other than I was not here and the keys were in the house, but guess that is not proof. How can I prove it was parked at home?
I have sent proof of flights and offered proof from my bank card that i was in UK using it at cash machines at the time in the UK, but guess they can say it could be someone else using my card!! cannot win! I would have thought they should have to prove my car/reg was where they say it is, not even managed to get the ticket copy yet.

I think it is from Trafico, but then was passed to Ayuntamiento to collect, I would go to Jaen if I thought I could sort it out, or knew where to go.

Yes checked the web site several times, nothing shows up, but when i put my reg and NI number in brings up another reg number/fine, but nothing for me that I can see, which is very strange. Looks like someone has a very similar NI number to me, just the -Z on the end is the difference what ever that means.

I got someone to try and ring trafico for me but it was a machine answered, they also rang when the fine was being chased by Ayuntamiento and they said they had no record of my appeal, but would put it on hold, but since then had more mail saying they are going to denounce me and take fine from my account, but no money been taken yet.

The problem have is I cannot speak to anyone at Jaen, no one speaks English and no one replies to me when I e mail them..
The ombudsman in Andalucia has asked for the papers, but some are with a company in Spain who called trafico for me, and replied for me, so need to get them all together to send off, but the ombudsman says they cannot stop the fine, only note I reported it to them!!

[Gulliver]

I appreciate that it is quite possibly the principal that is annoying you here rather than the money, but I just wondered how much the fine was actually for ?

[CuevaCascada]

Hi, The honest answer is I am not sure the last detail I had was 400 euros but I understand that has now increased, the latest paper work shows no figures in it! a lady I spoke to today had a similar problem and hers went up to over 1000 euros but she took them on and won, got the money back, so it can be done!! just wish I knew how!

[Robster]

Hi, The honest answer is I am not sure the last detail I had was 400 euros but I understand that has now increased, the latest paper work shows no figures in it! a lady I spoke to today had a similar problem and hers went up to over 1000 euros but she took them on and won, got the money back, so it can be done!! just wish I knew how!

400 Euros !!!
... But, did the friend that you spoke to appeal her case within the 15 day period allowed, or not ?
IMO you would stand a good chance of winning an appeal launched seperately through your own lawyer, but obviously this would carry a risk of you losing and even more charges being applied if you lost. If you are confident that you can find a good lawyer who is experienced with these matter, I would go for the challenge !

[CuevaCascada]

Thanks for that, yes I think a lawyer is my only choice, my friend was well out of the 15 days,as she was in Uk as well, I did not even get the first mail they sent as it is sent recorded delivery and if you dont collect it ( as i was in Uk) it is returned to them, strange we get 15 days when it took them over 6 months to reply to the first letter sent to them!! I have to reply on others to tell me what the letters say, last one was 3 pages long, took weeks to get a basic translation, but that is my fault for not speaking enough Spanish.