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-   -   How is this possible? What can I do? (https://britishexpats.com/forum/spain-75/how-possible-what-can-i-do-939107/)

Gra76 Jun 17th 2021 12:23 pm

How is this possible? What can I do?
 
Back in the summer of 2016 I was on a family holiday in Menorca.

During the holiday myself and a few other holidaymakers were in a bar watching the England v Wales game when there was an argument between the owners and a couple of loud mouthed clowns who were staying at the same hotel I was staying at with my family. Nothing came of it other than a lot of shouting and swearing between the owners of the bar and the loud mouthed clowns. Myself and a few others watched it from across the street as we were leaving.

Later in the day the local police arrived at our hotel and were asking questions to the couple that were in the bar causing the argument. I could hear they were being accused of assault and criminal damage to property, which I knew wasn’t the case, so being a helpful person I offered to give my details as a witness to say there had been no assault or property damaged as I didn’t think that was fair. The police took my passport details and I heard nothing more about it. A few days later I flew home and forgot all about it.

Fast forward a few years and my work carried out a CRB check which came back with a mystery conviction on it. I had no idea what it was for so after doing some research it appeared to be the case that I’d been convicted of assault and criminal damage to this bar from back in 2016… when I did some digging it turned out that the court hearing had been 6 months after I’d left the country and I was unaware it had even happened, or I’d have flown out and refuted it. I didn’t receive any correspondence before or after the conviction had been made and to say I was fuming when I found out is an understatement.

I contacted the British Consulate who said as unfortunate as it was, they couldn’t help but put me in touch with a solicitor on the island, who told me that due to the length of time since the conviction I couldn’t contest it anymore.

I was given (in my absence and unbeknown to me) a relatively small fine of around 300 euros, but as I didn’t even know about it until a random CRB check I couldn’t have done anything about it.

As incredibly annoying as it is, I need to get this paid off as I don’t seem to have any other option. How do I go about this?

Thanks in advance

Regards,

Graham


Chipmonk Jun 17th 2021 2:54 pm

Re: How is this possible? What can I do?
 
Presumably you have received all this by letter. If so you must have given more than your passport details. Are you saying that this was a fine or court decision?. If a court decision then you couldn't be found guilty without represention. If a fine then it could have been imposed by the police. TBH just pay it as 300 euros is nothing compared what you will need to pay a Spanish lawyer or even a translator to just try and find things out. You should have information on your letter telling how to pay etc

Gra76 Jun 17th 2021 3:10 pm

Re: How is this possible? What can I do?
 
Hi Chipmonk, thanks for responding.

I have nothing in writing at all, that’s the main problem. The conviction was logged in December 2016, I was on holiday there in June 2016 so 6 full months after I left Menorca and at no point was I informed that it was happening. I only gave my passport details to the police and said I’d be a witness. I found out about it by chance when my work carried out a CRB check and it was on there. I disputed it with CRB Scotland and they told me when it had been issued. There was a fine issued of 5 euros per day for a month to pay, so roughly 300 euros.

I want to pay the fine (as much as it annoys me, I can’t dispute the conviction due to it being so long ago).

Without any correspondence I have no idea how to go about it and Google tells me nothing helpful. It’s all been very frustrating.


Chipmonk Jun 17th 2021 3:13 pm

Re: How is this possible? What can I do?
 

Originally Posted by Gra76 (Post 13018644)
Hi Chipmonk, thanks for responding.

I have nothing in writing at all, that’s the main problem. The conviction was logged in December 2016, I was on holiday there in June 2016 so 6 full months after I left Menorca and at no point was I informed that it was happening. I only gave my passport details to the police and said I’d be a witness. I found out about it by chance when my work carried out a CRB check and it was on there. I disputed it with CRB Scotland and they told me when it had been issued. There was a fine issued of 5 euros per day for a month to pay, so roughly 300 euros.

I want to pay the fine (as much as it annoys me, I can’t dispute the conviction due to it being so long ago).

Without any correspondence I have no idea how to go about it and Google tells me nothing helpful. It’s all been very frustrating.

So CRB Scotland have logged a criminal conviction? But they are not the ones collecting the money and if you have absolutely no correspondence from Spain then obviously you cant pay anyone.
Wouldn't go back to Spain though!!!

Gra76 Jun 17th 2021 3:34 pm

Re: How is this possible? What can I do?
 

Originally Posted by Chipmonk (Post 13018647)
So CRB Scotland have logged a criminal conviction? But they are not the ones collecting the money and if you have absolutely no correspondence from Spain then obviously you cant pay anyone.
Wouldn't go back to Spain though!!!

Yes CRB Scotland have a note of a criminal conviction registered in Menorca that I wasn’t aware of, have no correspondence relating to it and would have been none the wiser if the CRB check hadn’t been done. I’ve no idea who I’m supposed to pay the fine to.

That doesn’t sound good… I’m supposed to be going to Gran Canaria in a month, as it’s a Spanish island I’m guessing they’ll pull me at the airport as it’ll probably flag up on their system?

Chipmonk Jun 17th 2021 3:49 pm

Re: How is this possible? What can I do?
 

Originally Posted by Gra76 (Post 13018662)
Yes CRB Scotland have a note of a criminal conviction registered in Menorca that I wasn’t aware of, have no correspondence relating to it and would have been none the wiser if the CRB check hadn’t been done. I’ve no idea who I’m supposed to pay the fine to.

That doesn’t sound good… I’m supposed to be going to Gran Canaria in a month, as it’s a Spanish island I’m guessing they’ll pull me at the airport as it’ll probably flag up on their system?

It seems strange that you have zero correspondence relating to this. I would have thought the police would have given you some kind of written paper at the time confirming the statement you provided as a witness. Anyway if you were convicted of a crime and you were fined and you haven't paid then I would imagine they will have your passport flagged. Maybe someone else knows more about this but I would say you perhaps risk being detained and various other things happening. You dont want to spend a night or two in a Spanish police station in July I'm sure!!

Gra76 Jun 17th 2021 3:59 pm

Re: How is this possible? What can I do?
 

Originally Posted by Chipmonk (Post 13018669)
It seems strange that you have zero correspondence relating to this. I would have thought the police would have given you some kind of written paper at the time confirming the statement you provided as a witness. Anyway if you were convicted of a crime and you were fined and you haven't paid then I would imagine they will have your passport flagged. Maybe someone else knows more about this but I would say you perhaps risk being detained and various other things happening. You dont want to spend a night or two in a Spanish police station in July I'm sure!!

I’d much rather not spend any time in a cell if I can avoid it, especially as I’ve done nothing to warrant it in the first place. I just want to pay the fine and get it done with as it seems I don’t have any other options. I just can’t seem to find out how I do it. The local police didn’t interview me as such, I just said I’d be a witness if they needed one if it ever went to court. They took my passport details and that was it. I wasn’t given anything by the police at the time.

As I said, I have absolutely no correspondence at all relating to it.

Chipmonk Jun 17th 2021 4:06 pm

Re: How is this possible? What can I do?
 

Originally Posted by Gra76 (Post 13018675)
I’d much rather not spend any time in a cell if I can avoid it, especially as I’ve done nothing to warrant it in the first place. I just want to pay the fine and get it done with as it seems I don’t have any other options. I just can’t seem to find out how I do it. The local police didn’t interview me as such, I just said I’d be a witness if they needed one if it ever went to court. They took my passport details and that was it. I wasn’t given anything by the police at the time.

As I said, I have absolutely no correspondence at all relating to it.

Phone the Spanish consulate I imagine they would be able to help. Other than that I cant imagine there will simply be a place where you pay a criminal conviction fine and nobody asks questions.

stevesainty Jun 17th 2021 4:10 pm

Re: How is this possible? What can I do?
 

Originally Posted by Gra76 (Post 13018662)
Yes CRB Scotland have a note of a criminal conviction registered in Menorca that I wasn’t aware of, have no correspondence relating to it and would have been none the wiser if the CRB check hadn’t been done. I’ve no idea who I’m supposed to pay the fine to.

That doesn’t sound good… I’m supposed to be going to Gran Canaria in a month, as it’s a Spanish island I’m guessing they’ll pull me at the airport as it’ll probably flag up on their system?

https://advocateabroad.com/lawyers/spain/gran-canaria/
I would suggest you contact someone like this, to get some advice in case you are stopped at the airport. At least they may be able to advise you of the likely consequences of not having paid the fine. Forewarned is forearmed.

Notdunroamin Jun 17th 2021 6:54 pm

Re: How is this possible? What can I do?
 
If it were me I'd get someone (Spanish speaker) to visit the local police station in Menorca where the incident would have been dealt with at the time, everything must surely follow from that.

olivefarmer Jun 17th 2021 7:30 pm

Re: How is this possible? What can I do?
 
What a horrible story. I wonder if the 300 euro fine includes any further fines for late payment?

Howmuch Jun 17th 2021 8:08 pm

Re: How is this possible? What can I do?
 
Do you still have the same passport ?

if it expired and you now have a new one, you have a different number so you won’t get stopped once you arrive in Gran Canaria.

Gra76 Jun 17th 2021 9:07 pm

Re: How is this possible? What can I do?
 

Originally Posted by stevesainty (Post 13018683)
I would suggest you contact someone like this, to get some advice in case you are stopped at the airport. At least they may be able to advise you of the likely consequences of not having paid the fine. Forewarned is forearmed.

Thanks for the advice Steve, I’ll message them in the morning. I just want to get the fine paid and done with as there’s nothing else I can do about it, hopefully once it’s paid I’ll sail through immigration without a hitch

Gra76 Jun 17th 2021 9:09 pm

Re: How is this possible? What can I do?
 

Originally Posted by Notdunroamin (Post 13018761)
If it were me I'd get someone (Spanish speaker) to visit the local police station in Menorca where the incident would have been dealt with at the time, everything must surely follow from that.

The thing is, it’s now 5 years down the line and I don’t see how it’d help. That and I don’t know any Spanish speakers who live anywhere other than mainland Spain.

Gra76 Jun 17th 2021 9:11 pm

Re: How is this possible? What can I do?
 

Originally Posted by olivefarmer (Post 13018779)
What a horrible story. I wonder if the 300 euro fine includes any further fines for late payment?

It’s the stuff of nightmares for me. I’ve been banging my head off a wall trying to sort it out for ages, and with me being supposed to fly out to Gran Canaria in a months time it really needs doing before I fly to avoid an embarrassing situation at the airport on arrival I suspect.

I’ve got my fingers crossed it’ll still be 300 euros but who knows? Could be more now, either way, I don’t want it hanging over me forever.


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