The City Council of Las Palmas loses two new litigation referred to the imposition of the Blue parking ticket
On October 24, 2018, two resolutions from the Local Economic-Administrative Court (TEAL) were received in the office estimating the economic-administrative claims registered against the parking fee ticket in the blue zone. In each procedure, € 50 was claimed for two alleged parking lots (€ 25 each), plus interest and surcharges.
The claims made raised numerous factual and legal issues. However, TEAL resolution 228/2017 was only able to address a few issues as it did not have the power to rule on matters reserved for the judicial sphere.
Among the issues that TEAL addressed to resolve the appeal, it focused on the lack of evidence to prove the accrual of the taxable event of the rate, and its mere complaint or testimony by the controller was not sufficient. This, based on some jurisprudential precedents.
On the other hand, TEAL resolution 227/2017 followed the same line of argument as the previous resolution. However, in this case, an additional piece of evidence was raised, namely the taking of photographs. However, in this case, TEAL deemed it inappropriate to address the assessment of said evidence (which may depend largely on the terms of the appeal) and again considered the lack of evidence for the accrual of the fee to occur.
It should be noted that TEAL will assess the probative material and the circumstances of each specific case, being able to reach different conclusions.
The estimation of both resources prevents the holding of two trials indicated for next November 14, 2018 (Contentious-Administrative Court No. 4), and February 9, 2019 (Contentious-Administrative Court No. 5).
Finally, although the satisfaction with the estimation of the resources is indisputable, I would have liked to know the reasoning that the courts of justice could have used on those issues that the TEAL could not get to know and that, without a doubt, could compromise the sustainability of the current legality of the rate and the deplorable image of the Las Palmas City Council, in the electoral surroundings of May 2019.
The claims made raised numerous factual and legal issues. However, TEAL resolution 228/2017 was only able to address a few issues as it did not have the power to rule on matters reserved for the judicial sphere.
Among the issues that TEAL addressed to resolve the appeal, it focused on the lack of evidence to prove the accrual of the taxable event of the rate, and its mere complaint or testimony by the controller was not sufficient. This, based on some jurisprudential precedents.
On the other hand, TEAL resolution 227/2017 followed the same line of argument as the previous resolution. However, in this case, an additional piece of evidence was raised, namely the taking of photographs. However, in this case, TEAL deemed it inappropriate to address the assessment of said evidence (which may depend largely on the terms of the appeal) and again considered the lack of evidence for the accrual of the fee to occur.
It should be noted that TEAL will assess the probative material and the circumstances of each specific case, being able to reach different conclusions.
The estimation of both resources prevents the holding of two trials indicated for next November 14, 2018 (Contentious-Administrative Court No. 4), and February 9, 2019 (Contentious-Administrative Court No. 5).
Finally, although the satisfaction with the estimation of the resources is indisputable, I would have liked to know the reasoning that the courts of justice could have used on those issues that the TEAL could not get to know and that, without a doubt, could compromise the sustainability of the current legality of the rate and the deplorable image of the Las Palmas City Council, in the electoral surroundings of May 2019.