Fines and the Guardia Civil

A warning.  Yet another case has come to our attention. A young man visiting his parents here on the Costa del Sol was stopped for towing a boat which the Guardia Civil decided was to long. He was  fined on the spot and was taken to the nearest cashpoint and made to withdraw the cash to pay this fine.  Please take note. Whatever your European nationality,  your status here in Spain.  Resident non resident, visitor, holiday maker, businessman. Residing here or travelling through Spain.  Should you be stopped and issued with a fine for whatever reason Do not pay this fine on the spot.   Do not allow them to march  you to the nearest cashpoint and withdraw money to pay this fine, even if it may be justified.  Do not pay on the spot. Give them your address in Europe or Spain. They can hand you the fine but you are not obliged to pay there and then. Should you decide to pay, insist on a receipt and the number of the officer involved. You can then complain.

Hi and thanks for the post.

Can you please confirm how you know you have the legal right to refuse to pay a on the spot fine?

I only ask as when I have been stopped in Spain they say cashpoint or local police station your choice.

Hi

Yes, thanks for your advice, I thought this was normal for the Guardia, a couple of my friends have had this happen to them.

As Delza says, what happens if you decline the offer of a visit to the Police Station.

Steve

In response to the questions reference the guardia civil and fines. The law is so ambiguos in this field.that today  I  spoke to a lawyer from the department of Trafico she cannot answer the question that I posed about the police being able to  escort  non residents to  cashpoint machines. The law ( art. 67 law about the circulation of vehicles and rthe segurity of the roads) a translation. I have also spoken Trafico and they directed me to the lawyer mentioned above. So i went on to seek and answer from two eminent lawyers based in Estepona. The law says that you have to give the guardia some assurance that you can pay the fine. Both lawyers on seperate occasions without having talked to the other did the same thing. Took off their watches and said " there is my securrity that I will pay the fine"  So you can imagine the loophole in the law. If the police take you to a cashpoint machine it is apparently as a favour. In otherwords you can leave your vehicle where it is on the highway if not a danger and go off in a taxi, call a friend and find the money to pay your fine. Untill I receive an acceptable explanation to this question I am carrying on my investigation. Hopefully I will have an answer for you both next week. One thing I can promise. I  WILL NOT GIVE UP.

I live in Estepona on an urbanization it is not a gated one but thougth if would be classed as a private road.  Last week the local police drove around and stuck parking fines on everyones cars.  My neighbour managed to catch them in time to ask why and aparently for obstructing the road, even though their are no yellow lines on the road and no signs.  A couple of the people fined have lived here for 4 years and have never heard of it happening before, yes we all do have one underground parking space each, but most of us have two cars and in the summer when it starts getting busy with holiday lets it will be a nightmare.  The fine was for 60 euros and had to be paid the next day if it was not it went up everyday!!

Was there a disk of prohibition to park?

One would need an answer to the question Maria has asked. You say there are no yellow markings. Are there any signs? Would you please tell us which urbanisation you are taling about.

No you do not need a parking permit and their are no yellow road markings, the urbanisation is Costa Galera.

If Costa Galera is still a private urbanisation, which means that the town hall has not taken it over and are responsible for the roads and lighting etc.  You need to talk to your president of the community to find out the status of your community.

Thank you for your reply