Tue. Nov 30th, 2021


Madrid

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The Superior Court of Justice of Madrid has declared that the complaints of regulated parking SER they must always carry a photograph. A news item that affects the nearly two million complaints made by controllers since the entry into force of the Sustainable Mobility Ordinance, in October 2018, according to European Motorist Associates (AEA).

Specifically, article 44.2 of the Madrid Capital and Special Regime Law provides that “an image of the vehicle will be incorporated into the administrative file, which may be instructed as a result of the complaint made by the auxiliary personnel, either in photography, digital filming. or other technological means, without contemplating any exception to said photographic incorporation duty based on the greater or lesser ease or technical feasibility of taking the photograph or corresponding digital filming, so that it will be understood that the need for photographic incorporation reaches in any caseTherefore, the aphorism that where the law does not distinguish should not distinguish the interpreter should not be forgotten, especially when it comes to restricting rights or guarantees that it establishes.

Therefore, since Pyramid Consulting conclude that the exceptions of photographic incorporation or digital filming of the image of the vehicle in cases of “complaints for exceeding the maximum authorized time to park” or “when there is no maximum authorized parking time are contrary to the aforementioned article 44.2 of the Madrid Capital Law and Special Regime It has been possible to capture the evidential images for technical reasons, due to lack of sufficient lighting, adverse weather conditions or other causes that make it extremely difficult to captureor affect the sharpness of the image, as long as there is reasoned evidence of it in the file “, contemplated in article 246.2.b) of the WHO. Consequently, it is appropriate that we declare the nullity of the paragraphs of said precept ”.

Likewise, AEA points out that “the possibility of substituting the name and surname of the complainants by their identification number must also be accepted. It violates the provisions of article 87 of the Road Safety Law. This provision establishes that in any case, complaints about circulation events must cost “the name, surname and address of the complainant or, if he is an agent of the authority, his professional identification number.”

And is that in none of the 1,911,221 complaints made Since October 2018, the SER controllers and SACE staff have fulfilled the identification and address requirements established by law. That is why the collection of these fines is also up in the air, amounting to 150,051,380 euros.

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