You got a fine notice: pay it or contest it?

Key rules

• Early payment: Paying early ends the procedure but means accepting the fine and giving up administrative appeals.
• Allegations: Allegations must be filed within the deadline, which runs from the day you were notified.
• Uncollected notices: A notice you do not collect within 10 calendar days counts as rejected, and deadlines keep running.
• Traffic fines: Traffic fines follow their own periods: 20 days for both the reduction and allegations.

Act on the date you were notified

Every deadline runs from the day you were notified, so find that date first. You then have two main choices: pay early with a reduction, or file allegations (your written arguments against the fine). The decision box below helps you pick.

Option 1: pay early

Paying within 15 days of being notified that the procedure has started gives you a 50% reduction and ends the procedure. The catch is that you accept the fine and give up administrative appeals.

Traffic fines have their own rule: the 50% reduction applies if you pay within 20 calendar days. Read the notice for the exact wording and date.

Keep the proof of payment.

Option 2: file allegations

You normally have 15 days after the procedure starts to submit your allegations. Traffic procedures give 20 days. Use this option if you think the fine is wrong, for example the facts are incorrect, the person fined is not you, or the amount is off. Attach any evidence you have.

Who issued the fine matters

The office that fined you decides who reviews it:

• Government Delegation or Subdelegation: fines for minor and serious infractions of the public-order law in its area. Higher fines are decided by the Interior Minister, the Secretary of State for Security or, for the highest, the Council of Ministers.
• Mayor (alcalde): fines for breaking a city bylaw, sometimes decided by a councillor or local board acting for the mayor.
• Traffic authority: traffic fines.

If the fine becomes final

A final decision can be challenged in two steps:

1. Administrative appeal. File a recurso de alzada or a recurso de reposición within one month. If you get no decision, the period is three months.
2. Court. Go to the administrative courts (contencioso-administrativo) within two months of being notified of the decision that ends the administrative route.

For a mayor's decision, the recurso de reposición is optional. You can go straight to court within two months. Some steps count working days, so confirm the exact period on your notice.

How you are notified

Notice reaches you in one of these ways:

• Electronically, if you are required to use electronic means (companies and some professionals) or if you chose it. The state portal is DEHú. Traffic fines are also sent through the DEV.
• By post or in person at your address.
• By public notice in the official bulletin (the BOE or a regional one) if two delivery attempts fail.

A notice you do not collect within 10 calendar days counts as rejected, and the deadlines keep running. Check your post and your electronic mailbox regularly.

If a final fine goes unpaid

An unpaid final fine goes to compulsory collection (apremio). A surcharge of 5% applies if you pay before the apremio notice, 10% if you pay within the period it sets, and 20% after that, plus late-payment interest. The authority can then seize assets, including bank accounts, wages and tax refunds.

Pay early with the discount or contest the fine?

Should you pay the fine early with the discount, or contest it?

• Pay early and take the discount: Choose this if you accept the fine and want it over. Paying within 15 days of being notified that the procedure has started gives a 50% reduction and ends the procedure. It means accepting the fine and giving up administrative appeals. Traffic fines have their own rule: 50% off if paid within 20 calendar days.

• Contest the fine with allegations: Choose this if you have evidence the fine is wrong, such as photos, witnesses or proof you were elsewhere. You normally have 15 days after the procedure starts to submit your allegations. You keep your appeal rights, but you may lose the discount if you do not win.

• Pay, then challenge in court: Choose this only if you are willing to go to court. Paying ends the administrative route, but the right to go to the administrative courts (contencioso-administrativo) can remain. Court costs are a real factor, and you may not get the reduction back if you win.

If you have no solid evidence and just want to close the matter, pay within 15 days to get the 50% reduction. If you have evidence and the fine matters to you, submit your allegations within the 15 days instead, because paying gives up administrative appeals.

Timeline and deadlines

• Collect your notice, which may arrive by post, in person or electronically: as soon as it arrives; uncollected notices count as rejected after 10 calendar days

• File a recurso de alzada or de reposición against a final decision: within 1 month of the decision

• File a recurso if no decision has been given: after 3 months without an express decision

• Go to the administrative courts (contencioso-administrativo): within 2 months of notification of the decision that ends the administrative route

Checklist

• Find the date you were notified on the notice and write down the deadline that follows from it.

• Check which office issued the fine: the Government Delegation, the mayor's office or traffic.

• Check your electronic mailbox and your post for notices you have not collected.

• Decide whether to pay with the reduction or submit allegations before the deadline ends.

• If you pay early, keep the proof of payment.

What to watch out for

• Missing the reduction window: If you let 15 days pass after being notified that the procedure started, you lose the 50% reduction. Read the notification date on the notice today and pay or submit allegations before the deadline.

• Uncollected notices still count: A notice you do not collect within 10 calendar days is treated as rejected, and an edict can be published after two failed delivery attempts. Your deadlines run anyway.

• Unpaid final fines grow: A final fine you do not pay goes to compulsory collection with a 5%, 10% or 20% surcharge plus interest, and your bank accounts, wages or tax refunds can be seized. Pay before the notice of compulsory collection arrives, when the surcharge is lowest at 5%.

• Paying early closes the procedure: Paying with the reduction ends the procedure, so you cannot then submit allegations. Decide whether you want to contest before you pay.

Frequently asked questions

Who decides whether I am fined for breaking a city bylaw?

The mayor of your town hall decides fines for city bylaw breaches, often through a councillor or a local board it has delegated the task to. If you disagree, you can first ask the same body to reconsider within 1 month, or go straight to the administrative courts within 2 months.

Who imposes fines under the public-order law?

The Government Delegate or Subdelegate in your area imposes minor and serious public-order fines. Which authority handles a case depends on the size of the fine: the Interior Minister and the Secretary of State for Security handle higher ones, and the Council of Ministers the highest.

What happens if I ignore a fine notice that I never collected?

A notice you do not collect within 10 calendar days counts as rejected, so the deadlines keep running. If two delivery attempts fail, the notice can be published in the official state or regional bulletin, so a missed letter is not an excuse.