Lawyers for Barcelona City Council fines

From service of the fine there are 20 calendar days to make representations and submit or propose evidence, or to pay with the 50% reduction (articles 93 to 95 of the Ley de Tráfico; the reduction does not apply to excluded offences, such as failing to identify the driver). The penalty decision can be challenged by an optional appeal for reconsideration within one month from the day after it is served (article 96); you can also go straight to the administrative courts, within two months of that service, and if you lodge the appeal for reconsideration those two months run from when it is decided or deemed rejected (article 46 of the Ley de la Jurisdicción Contencioso-administrativa). The notice states the authority and the appeal that apply.

They are two mutually exclusive routes. Paying at the early-payment reduced rate closes the case and generally means giving up the right to appeal through the administrative route: it is cheaper, but the penalty becomes final and takes effect, including any licence points in traffic matters. Appealing means losing the reduction and opens up the possibility of the penalty being quashed. To decide, we look at the amount, at whether licence points or the closure of a business are involved, and at whether the notice has defects that can be used.

It depends on the procedure and on the type of penalty, and the notice itself states which appeal is available and how long you have. As a general guide, the optional recurso de reposición and the appeal to a higher authority have a time limit of one month from the day after notification, and an administrative court appeal two months from notification of the act that exhausts the administrative route. The time limits for making representations within the proceedings are shorter and vary according to the rules that apply.

Sometimes, yes. At the enforcement stage there is less room, but it is worth checking how the original notice was served: if it was not properly attempted at the address before resorting to publication on the official noticeboard, or if the proceedings have lapsed or the offence has become time-barred, there are grounds for challenge. It does not always succeed, but it is worth reviewing before giving it up for lost.

Yes. As well as penalties, the firm handles day-to-day dealings with the council: building, business, terrace or highway occupation permissions, requests to put things right, enforcement orders and proceedings to restore lawful planning use. The penalty proceedings and the planning proceedings often run in parallel and are best treated as a single matter.

Through the administrative route it is not compulsory: anyone can file representations or an application for reconsideration themselves. Whether it is effective is another matter, because a generic letter tends to be met with a standard refusal. In administrative court proceedings a lawyer is required. The first consultation is a chance to assess whether the matter justifies that step.

No. Paying at the reduced rate means giving up representations, which are treated as not submitted; the procedure ends on the day of payment and only an appeal to the administrative courts remains, with the time limit running from the day after payment (article 94 of the Ley de Tráfico). The discount does not remove any loss of licence points.

In general, yes. Representations and appeals are filed in writing, and a lawyer can file them on your behalf if you sign an authorisation of representation (the authority may ask for a formal power of attorney in some cases), so you do not need to travel. What matters is the time limit, which runs from notification and is stated in the notice itself. A lawyer is not compulsory at this stage, but an abogado can handle it for you. More on how Spanish lawyers compare with solicitors and attorneys.