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Help - denuncia for van being over weight

Help - denuncia for van being over weight

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Old Jan 8th 2009, 11:43 am
  #16  
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Default Re: Help - denuncia for van being over weight

As an aside, re becoming non-resident after a period of residency in Spain this provides the info you need http://www.andalucia.com/forums/view...p?f=22&t=17580
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Old Jan 8th 2009, 11:44 am
  #17  
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Default Re: Help - denuncia for van being over weight

Originally Posted by Nige
Surely this is muddling two offences ? If HM Customs are satisfied that the booze / tabs goods are for a commercial purpose they may seize them and any vehicle used to transport them, and may not return them.
Whether the vehicle is overweight or not.
Same in Gib border crossing, cost a guy I know 3,000€`s to get his car back a couple of days later.
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Old Jan 11th 2009, 10:49 pm
  #18  
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Default Re: Help - denuncia for van being over weight

Originally Posted by snikpoh
Please can someone help with this situation.

A friend was on his way to England in his, legal, english van and was stopped by the police for (his van) being over weight. He is in the process of moving his family back to England and so was using his English vehicle to make the move.

Apparantly he was weighed and told he was 500Kg too heavy and had to pay a fine of 3301 euros. He was further told that until this fine was paid, he was not allowed to go any where.

On his behalf I have spoken to the central office and asked if a) the fine would be reduced for him being a resident and b) he could defer payment as they had his NIE number etc. and so could be traced if he failed to pay (which he wouldn't). On both counts they said NO!

Does he have any other course of action other than to have the money wired to a bank where he is (Pamplona), to draw it out in cash and pay the fine? All of this will take time, of course.

Thank you in advance for constructive responses.
How was it legal if he was too heavy, Thats why he got the fine it was illegal
Just pay up.

Last edited by billymacker; Jan 11th 2009 at 10:52 pm.
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Old Jan 12th 2009, 5:54 am
  #19  
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Default Re: Help - denuncia for van being over weight

Originally Posted by billymacker
How was it legal if he was too heavy, Thats why he got the fine it was illegal
Just pay up.
The point I was making was that it was fully insured, taxed etc. and he was resident in UK.

How many of us weigh our vehicles after loading with, say, suitcases etc.? It's very hard to know when you're overweight!

Anyway, fine now paid, claim in with lawyers so all's OK.
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Old Jan 12th 2009, 6:30 am
  #20  
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Default Re: Help - denuncia for van being over weight

But I thought you were trying to argue for a reduction in the fine for him being a Spanish resident? Or did I misunderstand?
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Old Jan 12th 2009, 7:46 am
  #21  
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Default Re: Help - denuncia for van being over weight

Originally Posted by Hillybilly
But I thought you were trying to argue for a reduction in the fine for him being a Spanish resident? Or did I misunderstand?
You're correct, but he's living in UK whilst moving the family over. It seems very UNCLEAR (even reading the DWP link from JDR) as to how you can become 'un-resident' in Spain - so he's also holding a residents certificate here as well.
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Old Jan 12th 2009, 8:21 am
  #22  
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Default Re: Help - denuncia for van being over weight

Originally Posted by snikpoh
The point I was making was that it was fully insured, taxed etc. and he was resident in UK.

How many of us weigh our vehicles after loading with, say, suitcases etc.? It's very hard to know when you're overweight!

Anyway, fine now paid, claim in with lawyers so all's OK.
Hiya Snikpoh

Having been in the haulage industry where overweight is a major concern, I think the point is that its the drivers responsibility to check the weight. When we came here I put our van over a weighbridge before we started and kept the ticket with me all the way here.

If you drive in an overweight vehicle then your insurance is going to be invalid, as its classed as dangerous, and therefore the vehicle cant be classed as legal. I'm glad its all sorted now anyway, but its a useful warning to us all
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Old Jan 12th 2009, 9:29 am
  #23  
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Default Re: Help - denuncia for van being over weight

Originally Posted by snikpoh
But surely, if they have his NIE etc. then they can trace him if he does abscond?

Also, I thought the max. fine was 3k - so why 3301? Seems a strange figure.
When it is reduced by 10% for prompt payment, then it will come down to 3000.
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