Verdicts & Victories (VIII): Nieto Jones manages to cancel a fine from the Cubelles City Council due to defects in the notification

At Nieto Jones, we have successfully obtained a ruling from the Administrative Court No. 1 of Tarragona against the Cubelles City Council, declaring null and void a €900 fine for the alleged commission of an offence: failure to identify the driver of the vehicle at the time of the infraction, despite having been requested to do so.

City Council notice

On March 31, 2023, the Cubelles City Council issued a notice to identify the driver in a traffic violation proceeding, related to a possible speeding violation. The notice was never served to the client as the City Council made an error when entering the person's address in the notice. Consequently, our client was unaware of the fine against them.

Despite their error in carrying out the notification, the City Council imposed a €900 fine, considering that the client had failed to fulfill its obligation to identify the driver.

Lawsuit

Faced with this unjust situation of defenselessness, the clients turned to Nieto Jones, who took charge of the case. On July 5, 2024, we filed an administrative appeal with the competent courts.

The appeal was based primarily on the defenselessness caused to our client by the improper notification of the requirement dated March 31, 2023, as well as the statute of limitations having expired for the infraction.

Judgment declaring the fine null and void

On December 30, 2024, the Court issued a sentence in favor of the plaintiff, nullifying the City Council's resolutions, annulling the penalty, and ordering the City Council to refund all amounts collected as a result of the annulled fine.

You can consult the sentence here.

This is an important judgment as its legal grounds are applicable to citizens who have been improperly notified of a fine, in this case without complying with legally required procedures.