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Former German Ambassador wins the battle of the fines to the City of Madrid

Source: Elmundo.es
Wednesday, May 25, 2005 JUSTICE
Henning Wegener, has won its court battle against the City of Madrid,
who denounced for having imposed fines without meeting the requirements
. In a ruling issued on April 19, the Court agrees with the diplomatic void the sanction issued by the Directorate General of Madrid Consistory mobility. addition, the court of administrative litigation order number 22 of Madrid to return the administrative record, which, according to the diplomat's lawyer, Santiago Rodríguez Crashing,
involves the refund of the fine

, 400 euros and were paid at the time by an alleged infringement Traffic and parking abuse.

The judge has 10 days within the local administration to execute the sentence. However, Wegener censorship has been in contact with the local government for the recovery of his money and he has given long and has said he would have to wait eight months until he returned

this amount.

The diplomat Henning Wegener.

"Management

with iron discipline that seeks to citizens to pay their fines , sneaks and gives long when they have to pay it. The council, which imposes fines on illegal and often very harmful to run, is now allowed the luxury of not complying with a conviction of a court, delaying the payment of the penalty and interest for months, "said Henning Wegener ELMUNDO.es outraged that has launched

multasilegales.com

blog.

The Department has not received the sentence

From the Department of Transportation said that have not had notification of the decision so hard the can run. Moreover, that study also highlighted the possible use of the court decision.

The events date back to 2007, when former German Ambassador to Spain between 1995 and 1999, tired of being punished without being notified,

decided to move from complaints to action

and appealed to the Court of Administrative number 22 in the capital.

During the month of May that year, the driver of its consultant Unkel SL was fined four times for parking violations,

"without proper notification will be done" . Explains the former ambassador and also a lawyer, the first thing I received was a notice by publication, and therefore, unable to identify the driver or use, because the deadline had already expired. Also, if not receive the original fine, you can not make claims. , the fine was because premium had not identified the driver

, something he could not do because it was not even aware that he had been fined. According

the sentencing, the City Council made two attempts to identify the driver from 19.30 and 20.00 hours on 22 and 26 February and in both cases, the recipient was absent

. After two failed attempts, we proceeded to the notification of the penalty by edict.

The ruling provides that no formalities were respected because, following the doctrine of the Court Constitutional, when not located the person concerned shall repeat the notification attempt "in a different time in three days"

.

However, in this case, notification was made at the same time and outside of office hours "so no wonder they do not ensure the notification, but not found to be absent but logically offices closed "

, said the court order.

Given these facts, the judge considered that there was no "a rigorous and strict observance of the requirements

to exclude all possibility of helplessness" and for this reason, conviction the City of Madrid.

Former German Ambassador sent a letter to the court in which he complains that "the Administration has not ordered any act done in compliance with the ruling"

and asks the court to proceed to urge their implementation. "What concept of justice is the city of Madrid?

What rule of law means our municipal government? Or just apply the law to punish people using it as an instrument of coercion but not to guarantee the rights of managed? "asked the diplomat.

Read more in Elmundo.es

http://www.elmundo.es/elmundo/2010/05/25/madrid/1274788815.html