How to appeal a fine: write a letter of allegations

How to appeal a fine by writing a letter of allegations

If you would like to appeal a traffic ticket there is a legal procedure that is not particularly complicated. Anyway, before starting any paperwork, the first thing you should do is check if all the details of the ticket are correct one by one. Here we tell you what you should pay attention to.

This review is a step that must be done conscientiously to find possible injustices, errors or lapses for which you have received a fine that does not correspond to you. Form errors are also very important, since the fine may lose validity. Although only if we notify it writing a letter of allegation.

Deadline to appeal a traffic ticket

Since the fine arrives, the deadlines begin in which you can send the writings to appeal it. The first is the deadline for submitting claims, that is of 20 calendar days and it is time to send the letter of allegations. The second is the deadline for the administrative appeal, that is of a month. Both periods begin to count from the moment you receive the fine at your address, or from the moment a notice was left in your mailbox and the deadline for you to pick up the fine notice passed at the post office.

Appeal a traffic ticket

Allegation letter

For appeal a traffic ticket within that period of 20 days, you must send a letter of allegations. However, not just any document is valid. have to meet some shape requirements to be accepted for processing. Must contain:

  • Your data: name, surnames, DNI, postal address and telephone.
  • The details of the fine: file number, date of the complaint, vehicle registration, make and model.
  • Allegations for which you believe that the fine is not applicable.
  • Your signature: As in any official document, the city and date on which you deliver the letter and your signature must appear at the end of the letter.

So that you do not have problems, we give you a sample letter of allegations to appeal a traffic fine. When you have the letter ready, make two copies to get yours stamped.

Where to send the allegation letter

The letter must go addressed to the Chief of Traffic of the province where you have been fined. You have to send it to one Traffic Headquarters by certified mail. It can also be done in the official records of the Local Entities and the State or Autonomous Administration that have an agreement for these procedures.

You can go to a post office to send the certified mail, which must have an open envelope so that you can see the first page of the letter with the details of who it is addressed to. The copy of the letter that you bring must serve as a receipt.

Allegations to appeal a fine

In the model of the letter that we give you above there is a space for you to present the allegations you want to send to start appealing a traffic ticket. However, they also have to meet some formal and conceptual requirements in order to be accepted by the authorities. Following the recommendations of the Organization of Consumers and Users (OCU), can be presented in the following ways:

1. Prescription of the fine

Appeal fine alleging prescription

The term that the administration has to notify you of the fine is different depending on whether the infraction for which you are fined is minor, serious or very serious. To appeal a traffic ticket alleging this you must take into account that, they will have three months to send you the notification if the offense was minor o six months if it was serious or very serious. If you exceed that period, the fine will have expired and you can claim "Prescription”. Two important considerations:

  • If you have been stopped and you have been handed the fine, these deadlines do not apply.
  • Remember that even if you have not received the fine at your address, the administration considers it notified because it will appear on the Edictal Board of Traffic Sanctions or in the BOE. Take a look at the article How to check traffic fines by license plate.

Example of wording in the letter:

The presumed infraction has prescribed due to the excess of the periods provided for by article 112.1 of the LTSV, between the date of the alleged infraction (indicate date) and the notification of the complaint (indicate date of receipt). Therefore, it can no longer be punished.

2. You are not the driver

Appeal a fine alleging that you were not the driver

Un very common problem when the name has not been changed to which the car is registered. That is, the fines continue to reach the former owner even though the car already belongs to someone else. Of course, it can also be due to the typical case of loaning the car to a friend or having been the victim of a robbery.

Letter wording examples:

For not being the owner of the vehicle:

The vehicle identified in the complaint no longer belonged to me on the date of the infraction due to having sold it. I am attaching a photocopy of the registration document containing the details of the buyer as evidence. I request that you accept this letter and, taking into account the reasons contained therein, agree to have the requirement to identify the driver fulfilled.

Because your vehicle had been stolen:

The vehicle identified in the complaint was stolen on the date … . I am enclosing a copy of the police report and insurance notice as evidence.

Because a friend or acquaintance was driving:

The driver of the vehicle on the date of the infraction was Mr. (name and surname) with DNI (...) and address (...) . I request that you accept this letter and, taking into account the reasons contained therein, agree to have the requirement to identify the driver fulfilled.

3. Falseness or inaccuracy in the reported facts

Appeal a fine alleging falsehood or inaccuracy

This type of claim is freer in presenting facts. You must be specific and clear when describing what really happened at the time of the alleged violation. Forget giving long explanations in which the same fact is turned around. You must accompany this allegation with all the evidence that support your narrative: photographs, witnesses and other documents. For example, you can attach a parking ticket that shows that you were inside at the time of the infraction that you are charged with.

Letter wording examples:

You can start like this: “The imputed facts are not true. What actually happened was...

4. Involuntariness

Appeal a fine alleging involuntary

It can be argued that the infringement was committed by a force majeure that forced the driver to appeal a traffic fine. For example, a medical emergency or serious breakdown vehicle. Everything you claim must be supported by evidence such as a medical report or an expert's report. It is not recommended to use this claim if there is no strong evidence.

Letter wording examples:

The events described in the complaint occurred due to force majeure. (Describe the breakdown or medical emergency). I attach the (medical certificate, part of the expert, etc.) as proof of what happened.

5. Lack of specificity

Appeal a fine alleging inconcretion

If it is not specified how the infraction was, you can try to allege lack of specificity to appeal a traffic fine. Namely, if only the infringed precept is indicated and it is not described what the infringer has done in particular, the fine may be dismissed. For example, a speed ticket usually specifies the speed at which the offender was traveling and the speed at which he could go as a maximum, to then give data on the cinemometer (radar) and the quality controls to which he is subjected. . If it doesn't indicate everything, this could be tried to appeal.

Letter wording examples:

The complaint received lacks sufficient specificity about the alleged violation. It only indicates the breach of a precept in a general way, without referring to the specific facts (art. 87 LTSV). In this way, the interested party is seriously defenseless, by not being able to adequately formulate allegations.

6. Unjustified subsequent notification

Appeal a fine alleging unjustified subsequent notification

En general, fines must be notified by hand y only exempts of this condition the cases in which the driver is not present in the vehicle or when the infraction has been detected through means of capturing and reproducing images such as radar or cameras. Cases in which it is not necessary to justify why the notification was not given.

There is also another circumstance in which it is also not required to give the fine directly to the offender: when the vehicle cannot be stopped safely. But in this case the agent you will have to specify the situation that prevented him from stopping the vehicle. If it doesn't, you can try making this claim.

Like the rest of the situations, they require giving the fine in hand, the agent must specify why he did not do it so you can also try to make this claim.

Letter wording examples:

The notified complaint incurs an irremediable vice of invalidity, since according to article 89.1 of the LTSV, as a general rule, the complaints must be notified immediately to the accused. In the present case, the notification of the complaint sent does not contain any concrete and specific reason why the complaint was not notified immediately (or else, the reasons that appear are not true or are not specific enough, as required by law). jurisprudence (TSJ País Vasco 19/5/95, TSJ La Rioja 7/4/99), and article 10.2 of the RPST.

7. Missing or wrong data

Appeal a fine alleging lack of data or incorrect data

This allegation can end up in the simple correction of data, so you may receive the fine again but with the correct data. Even with everything, It is convenient that you point out any error or lack in the data that identifies you when appealing a traffic fine, since it can be due to a simple error in the text or because they really do not have all your data correctly. As in most cases, these formal defects only cause the dismissal of the fine if they cause the defenselessness of the alleged offender.

Letter wording examples:

Some of the necessary data is missing in the complaint for the identification of the alleged offender, in accordance with sections 2 and 3 of article 87 of the LTSV: (indicate what data is missing).

8. Request for evidence to claim the fine

Appeal a fine alleging evidence requirement

This is a very common allegation among companies specializing in appeals for fines. Is about ask the Administration for the evidence that proves the infraction to start appealing a traffic ticket. For example a photograph, the certificate that the radar has passed the calibrations required by law, etc.

This claim is really a try to find some fault in the technical requirements or procedures necessary to issue the fine. It may be dismissed if the tools used were not capable of performing their function reliably. These are for example the radar, the breathalyzer or the red light camera.

If they are not attached to the complaint, you must request the necessary evidence for the correct identification of the vehicle or the driver. In addition to the guarantees that the devices used to detect the infraction were in optimal conditions for their operation.

Appeal a fine demanding evidence such as speedometer or radar certificates

speeding ticket evidence

  • Certification from the Spanish Metrology Center in which the date of approval of the kinemometer used must appear, the number of the equipment, its brand and model, the margins of error allowed, the date of annual review with its expiration and, in the event of having had a breakdown, the Date of last revision after repair.
  • photo made by radar in which the vehicle and the license plate must appear clearly portrayed

Tests for a fine for excess alcohol

  • printed tickets after screening test
  • Digital Certificate that certifies that the ethylometer (alcohol meter) has passed the controls established by law in which the allowed margins of error must also appear and how they have been applied in the test.

You must request the breathalyzer certificate

Evidence for a parking fine in regulated parking areas

The fines imposed by the controller of the Ordinance for the Regulation of Parking (ORA) or Regulated Parking Service (SER) as is the case of Madrid must go accompanied by photographs proving the infringement.

A concrete example is that, after several complaints were annulled, the fines of this type in Madrid they have to include three photos: one from the back of the car showing the model and number plate, another showing the area in which the vehicle is located and another from the dashboard to show that it does not have a badge that allows it to park in that area.

Evidence of fines for improper parking in the SER zone

Evidence for fines for running a red light

  • The photo made by the camera in which the vehicle and its license plate must appear clearly portrayed.
  • Digital Certificate to test the correct operation of the control system that has taken the photograph.

You have appealed the fine, and now what?

After sending the letter you have to wait for the response from the Headquarters. If your allegations are estimated, you will have achieved your goal of having the fine removed. If they are rejected, you can file a appeal before the Minister of the Interior, who normally delegates his powers to the General Directorate of Traffic to resolve the process.

If even so, the fine is not withdrawn, you must pay it (at which point you will have lost the 50% discount for the voluntary payment period). The next step if you want to continue fighting for your innocence, is judicial actions through a contentious-administrative appeal.

Pay traffic fine online
Related article:
How to pay a traffic ticket online step by step

Claim fine with digital certificate or electronic DNI

Appeal a fine online

La submission of claims To start appealing a traffic ticket, you can do through your identification in the system through Electronic ID or digital certificate. This makes the process quite easy as it does not require certified mail. Unfortunately, this type of electronic operation cannot be carried out with the Cl@ve system. At least for the moment (confirmed in September 2020).

The requirements will be the same, that is, the letter will have to meet the same requirements y presentation of claims as well. Save all the documents that the system throws up during the process of submitting claims online. The DGT allows you to do it from this page.

If you want to learn how to be self-sufficient in dealings related to Traffic, we recommend that you take a look at the article Vehicle sales contract. In it we describe how to carry out this procedure correctly, without the need for you to hire the services of any company or third party.

Images – Yon Mora, Javier Costas Franco, Abi Begum


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  1.   Manuel said

    Hello, I have been reported for parking on a continuous yellow line. There are always cars parked there, and in fact he was aware of what he was doing because they never report it, since it is a place with little traffic and parked cars do not bother him.
    The fact is that the complaint was sent to me exclusively in Catalan and I don't know if it is grounds for annulment if I appeal it.

    1.    Carlos said

      Hello Manuel, I am in a very similar situation to yours. I parked in a pedestrian area where no one ever passes and there are usually many parked cars. After three months parking there yesterday they gave me a fine. Did you finally turn it in? did you get anything?

      regards

      1.    Carolina said

        Good morning, I need help please, a year ago my husband took the children to school, he needed authorization to enter there, due to an administrative error at the school (they wrote the registration wrong) they fined us many fines, the school contacted the traffic chief to admit his mistake, the director of the school informed us that everything is cancelled. A few days ago we received a notification to pay 3 fines + 10% commissions, we have

    2.    Jose Torres Munoz said

      Hello
      They gave me a ticket for driving with drug symptoms
      When doing the test, the first test did not work because I had almost no saliva
      On the second I tested positive
      The agent told me that I had to put on that I had refused to take the tests, but that it was a formality since I did not have a saliva..
      They gave me the fine that I paid after four days. (€500, 50 percent bonus)
      I did not know of the existence of another fine, which was not delivered to me immediately
      My surprise is that a year later, they seize me and when I go to ask they tell me that the fine I paid is for refusing to do the tests and that the agent canceled it after two days.
      I don't understand why I was able to pay for it then.
      And they didn't tell me.
      Now they ask me for the entire fine plus interest. €1300
      What argument do you recommend?
      Thank you

  2.   JOSE IGNACIO GARCIA RODRIGUEZ said

    I have parked in a place without signaling parallel to the end of the parking lot for the hour, and behind the last car parked in the street signage, that is, a dead zone where there is no vertical or horizontal signage, and after resorting to it, it does not bother the car not at all and it is more than 3 meters from the car on the opposite sidewalk, and dismiss it by saying that there should not be any type of signs since it is about basic traffic rules that users should know at a general level, because as is known a car should not be parked outside the signs marked on the pavement, making it difficult for other vehicles to join. (which is not true) it is a pity that I cannot send you the photos, every day for 30 years we have all parked there when it is free the site and nothing ever happened but in my case the agent of the hour called the municipal authorities and they went to the tow truck and they sanctioned me and dragged the vehicle, I would like to know if the lack of signaling is like them They say they know not to park or it is a lack of signage by the town hall and it is a free zone since it does not interrupt anyone, I urgently need an answer because in a few days I must present the new resource alleging something, thanks

  3.   Peter Pontigas said

    4 years and 28 days have passed since the day of communication of the sanction and the date of the seizure of the bank account.
    Has the sanction expired and the embargo is undue?
    have to repay the amount and interest on the value of the money?
    thank you very much

  4.   Juan Carlos said

    I have been sued for not identifying the driver (€900), a fine for speeding, but the problem is that I was not notified when I committed the infraction, and the letters with the notification did not arrive either, apparently there were new postmen, and They gave me neither the certified letter nor the notice of it. What I can do? Can the record of the sanction for not identifying the driver be filed, and now that I know of the existence of the file on speeding, deliver a new notification again?

  5.   Anthony Gomez said

    Hi, I have been sued for parking on the yellow line next to a Civil Guard barracks. The complaint is all correct except for the model of the car, which is an Alfa Romeo 156 and they have only put 56. Is the failure of the model a reason for appeal?

  6.   Eugenio Dominguez said

    I have just received a fine for driving a moped without being insured and it must be an error by the agent when taking the data from the vehicle for the following reasons: 1st the day and time indicated in the complaint I was admitted to a hospital after medical intervention. I have the discharge medical report that proves it. 2nd that motorcycle is 500 km from the place of the complaint, disabled, damaged and half scrapped in a semi-ruined warehouse for 15 years when I canceled the insurance and in the City Hall of the town where I live, for which it is impossible that could be circulating anywhere
    My problem in appealing the fine is how I can prove this second point. They may seize on any excuse and it will be my word against the Agent's. What I can do? Shouldn't they prove to me in some way that that motorcycle was circulating that day and at that time on that street in that city that is cited in the complaint? If I appeal, will the deadline for the 50% discount pass? Thanks to anyone who can tell me.

  7.   Samuel said

    Hi, I'm a VTC driver in Madrid, I got a fine for saying I was parked in the bus lane and it's totally untrue, I was passing the bus lane waiting for a client outside the bus station, when I went down to put the suitcase client that area has a frequency inhibitor so I have a tesla and I could not start it, after 5 minutes some secret agents arrived and told me that I had to leave the area as soon as I told them about the problem of starting in the area and I called my boss for the electric vehicle and I started it by phone. In no case did the guard tell me that I was never going to be fined until the fine arrived 5 days ago. For me, that is a crime.

  8.   James said

    Very good article! I had seen on this page… but I wanted to make sure of everything. You are geniuses. A hug!

  9.   Xavier said

    Hello, I cannot find among the possible allegations that you expose what has happened to me. I have received a notification with a complaint of €200 for not identifying the driver in a complaint for speeding (complaint that had not been notified to me).
    If I had not previously been notified of the complaint at the source, what can I claim?
    Thank you.

  10.   peter hill square said

    The GCT stopped me on an agricultural road with an off-road vehicle loaded with cane; I am sanctioned with a fine of 1500 Euros for lacking insurance; I file an appeal alleging that I am not the owner of the vehicle. It costs me two appeals, in the last one the traffic section chief tells me that the vehicle is not in my name; he makes me see that he considers the sanction concluded and finished. A year later, La Caixa informs me that I have an embargo on my account with parking fines and other minor amounts, including 1800 Euros of the penalty and default interest. They allege in the Treasury that there was no one at the address when the postman went to communicate the ruling of the second appeal. (Amazing and unbelievable). Apart from having seized about 1000 Euros; now I try to recover it advised by lawyers with an EXTRAORDINARY APPEAL FOR REVISION, where I include the certificate of ownership of the vehicle in the name of the true owner. This man died unexpectedly without being able to change the name of the owner of the vehicle.