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Lockdown fines

Posted: Tue Apr 6, 2021 3:53pm
9 replies559 views4 members subscribed
psy1967

psy1967

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I'm just posting for a moan really.  Back in early April 2020 (fully a year ago) I was pulled over at a routine police checkpoint while on my way to the supermarket.  Bear in mind this was very early days in the Covid experience, and I hadn't realised that my short trip from home in Almeria to the supermarket in Murcia was prohibited.  Not least because the only road to and from my house passes immediately into Murcia, so I don't have much choice.

The policeman (so I thought) gave me a bit of a lecture about staying in Almeria, so ever since then I have done, and I didn't think any more of it....until this morning (yes, a year later) when I collected a registered letter from the Correos containing a denuncia and a €600 fine.  Actually it was €601 - what's with the extra €1?

Has anyone else had this?  Was I just unlucky, or has the government worked out the benefit of a machine that prints €600 notes?   Either way, Spanish officialdom has somewhat darkened my mood today.

Matthew

Posted: Tue Apr 6, 2021 5:10pm

Matthew

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Posted: Tue Apr 6, 2021 5:10pm

Answer to Question 1:-The extra €1.00 is probably towards postage and administration costs.

Answer to Question 2:- Turn up in court and have your say. I can't say you'll win, but I reckon your fine may be reduced.

psy1967

Posted: Wed Apr 7, 2021 3:27pm

psy1967

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Posted: Wed Apr 7, 2021 3:27pm

Thanks Matthew - not sure I have enough of a leg to stand on to take it to court though.  I was in Murcia province and I shouldn't have been, and the fact that I made an honest mistake is unlikely to help. Ignorance is no defence and all that.  Nevertheless, very galling to receive the letter a year later.

Magiceye

Posted: Mon Apr 12, 2021 11:06am

Posts: 17

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Location: Almería

Joined: 6 Jan 2020

Posted: Mon Apr 12, 2021 11:06am

Does Spain (and I am not there) have a statute of limitations as in the UK. If a speeding or fixed penalty fine is not posted within 28 days then it is quashed, and cannot be upheld, I know Spain loves a bit of paperwork but a year, that is worth a day in court. ::::::::::::::::::::::::::::::::::::::::::

I think this answers the question ::  But not to sure.

SUBCHAPTER 4. ON PUNISHMENT BY FINE

Article 50

1. Punishment by fine shall consist in sentencing the convict to pay a pecuniary punishment.

2. Punishment by fine shall be imposed, except if the Law states otherwise, by the day-fine system.

3. The minimum length shall be ten days and the maximum two years. Fine penalties against legal persons shall have a maximum length of five years.

4. The daily quota shall be a minimum of two and a maximum of four hundred euros, except in the case of fines imposed on legal persons, in which the daily quota shall have a minimum of 30 and a maximum of 5,000 euros. For the purposes of calculation, when the term is set by months or years, it shall be construed that months are of thirty days and years of three hundred and sixty days.

5. Judges or Courts of Law shall duly determine the extent of the punishment within the limits established for each offence and pursuant to the rules of Chapter II of this Title. They shall also set the amount of these quotas in the judgement, for which they shall only take into account the financial situation of the convict, deducting, revenue, family obligations and charges and his other personal circumstances from his assets.

6. When justified, the Court of Law may authorise payment of the fine within a term that does not exceed two years from the final judgement, either as a lump sum, or in the instalments.

Matthew

Posted: Mon Apr 12, 2021 11:19am

Matthew

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Posted: Mon Apr 12, 2021 11:19am

Magiceye wrote on Mon Apr 12, 2021 11:06am:

Does Spain (and I am not there) have a statute of limitations as in the UK. If a speeding or fixed penalty fine is not posted within 28 days then it is quashed, and cannot be upheld, I know Spain loves a bit of paperwork but a year, that is worth a day in court. ::::::::::::::::::::::::::::::::::...

...::::::::

I think this answers the question ::  But not to sure.

SUBCHAPTER 4. ON PUNISHMENT BY FINE

Article 50

1. Punishment by fine shall consist in sentencing the convict to pay a pecuniary punishment.

2. Punishment by fine shall be imposed, except if the Law states otherwise, by the day-fine system.

3. The minimum length shall be ten days and the maximum two years. Fine penalties against legal persons shall have a maximum length of five years.

4. The daily quota shall be a minimum of two and a maximum of four hundred euros, except in the case of fines imposed on legal persons, in which the daily quota shall have a minimum of 30 and a maximum of 5,000 euros. For the purposes of calculation, when the term is set by months or years, it shall be construed that months are of thirty days and years of three hundred and sixty days.

5. Judges or Courts of Law shall duly determine the extent of the punishment within the limits established for each offence and pursuant to the rules of Chapter II of this Title. They shall also set the amount of these quotas in the judgement, for which they shall only take into account the financial situation of the convict, deducting, revenue, family obligations and charges and his other personal circumstances from his assets.

6. When justified, the Court of Law may authorise payment of the fine within a term that does not exceed two years from the final judgement, either as a lump sum, or in the instalments.

Jazus Magic, I need the Spanish police on my case like I need to be infected by Covid-19. Pay the fine and forget it.

Magiceye

Posted: Mon Apr 12, 2021 2:45pm

Posts: 17

31 helpful points

Location: Almería

Joined: 6 Jan 2020

Posted: Mon Apr 12, 2021 2:45pm

Matthew wrote on Mon Apr 12, 2021 11:19am:

Jazus Magic, I need the Spanish police on my case like I need to be infected by Covid-19. Pay the fine and forget it.

First of all Matthew I can tell you I am not the son of God.  

Secondly I m not the one with the fine to pay that was someone else, if you had looked and taken in the message correctly.

Thirdly I was offering "psy1967" a lead, as to how it works in the UK and wondering if it was the same there, I then looked and found the Spanish ruling, so my initial comment was null and void.

Lastly, I made no reference to you, the Spanish police on your case, Covid, or me not paying the fine. I have not got to justify my comments to yourself, as it is obvious you do not read the written word as it is given to others, NOT YOU.

Matthew

Posted: Mon Apr 12, 2021 2:59pm

Matthew

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Posted: Mon Apr 12, 2021 2:59pm

Magiceye wrote on Mon Apr 12, 2021 2:45pm:

First of all Matthew I can tell you I am not the son of God.  

Secondly I m not the one with the fine to pay that was someone else, if you had looked and taken in the message correctly.

Thirdly I was offering "psy1967" a lead, as to how it works in the UK and wondering if it was the same there, I then looked and found the Spanish ruling, so my initial comment was null and void.

Lastly, I made no reference to you, the Spanish police on your case, Covid, or me not paying the fine. I have not got to justify my comments to yourself, as it is obvious you do not read the written word as it is given to others, NOT YOU.

Hi Magic, I'm on no moral ground and neither am I up on a high horse pontificating to anybody who'll listen. I'm merely suggesting the easiest way to get to the other side of a problem. Let's not make a Sacred Cow of this. A fine is to be paid; the easy way out is to pay it. Apologies if I am causing offence, I don't mean to.

psy1967

Posted: Mon Apr 12, 2021 3:17pm

psy1967

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Posts: 156

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Location: Velez-Rubio

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Posted: Mon Apr 12, 2021 3:17pm

Matthew & Magiceye, I acceded to the Inquisition last week.  My teeth were gritted, but there was no escape from the inevitable.  Fine paid and I move on.

Matthew

Posted: Mon Apr 12, 2021 3:34pm

Matthew

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Posted: Mon Apr 12, 2021 3:34pm

I've just talked about this matter to Mrs Matt. She agrees with Magic. Therefore, Magic is wrong. Simple 😉

Magiceye

Posted: Mon Apr 12, 2021 4:04pm

Posts: 17

31 helpful points

Location: Almería

Joined: 6 Jan 2020

Posted: Mon Apr 12, 2021 4:04pm

Matthew wrote on Mon Apr 12, 2021 3:34pm:

I've just talked about this matter to Mrs Matt. She agrees with Magic. Therefore, Magic is wrong. Simple 😉

Love it.

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