A traffic or low-emission-zone fine, a town council penalty over building works or a business activity, a tax assessment, or an immigration penalty. They all have one thing in common: the deadlines to defend yourself are short and, if you miss them, the penalty becomes final. Knowing how to appeal a fine in Spain at each stage makes all the difference.
At MH & MG Abogados we have been defending individuals and companies against the authorities for more than 25 years in Barcelona and Roses (Girona). Here are the key points.
1. Read the notice carefully
Check who is penalising you (the DGT, the Catalan Traffic Service, the town council, the Generalitat, the tax authorities), what you are accused of, which rule is cited, the amount and, above all, what deadline you have and for what: a deadline to submit objections is not the same as one to appeal a decision.
2. Objections: your first line of defence
In most penalty proceedings you normally have ten working days to submit objections (alegaciones) and propose evidence against the notice of proceedings and, later, against the proposed decision.
Traffic fines work differently: you have 20 calendar days to pay with a 50% discount or submit objections. If you pay with the discount, the procedure ends and you waive your right to object, although you can still go to court. If you neither pay nor object, for many offences the notice itself becomes a final penalty after 30 days.
In other proceedings, admitting the offence or paying voluntarily before the decision entitles you to reductions of at least 20% each, which can be combined, in exchange for waiving any administrative appeal.
3. Administrative appeals
Depending on the case, the penalty decision can be challenged by:
- Request for reconsideration (recurso de reposición), before the same body, within one month. It is optional when the decision ends the administrative procedure.
- Hierarchical appeal (recurso de alzada), before the higher authority, also within one month, when the decision does not end the administrative procedure.
While the administrative appeal is pending, the penalty normally cannot be enforced.
4. Judicial review
Once administrative remedies are exhausted, you have two months to bring a claim before the contentious-administrative courts. There an independent judge reviews the penalty, and you can ask for its enforcement to be suspended in the meantime. It is worth weighing the cost and the risk of being ordered to pay costs first, especially for small fines.
Common grounds for overturning a penalty
- The offence is time-barred or the procedure has lapsed because the maximum time to decide was exceeded.
- The notification was defective.
- Lack of evidence, for example a speed camera without valid metrological certification or a report lacking sufficient detail.
- Misidentification of the driver or the person responsible.
- Lack of reasoning or a disproportionate penalty.
We help you defend yourself
At MH & MG Abogados we review the file, identify procedural and substantive defects, submit objections and appeals within the deadlines and, if it is worthwhile, take the matter to court. Find out more on our administrative law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.