Driving too fast: Can a fine notice be effectively delivered via WhatsApp? That was the verdict of a court.
The Trier District Court decided the following case: A car driver had been flashed. The notice of the fine was sent on July 30, 2020 to an address where the person concerned had not recently lived. His mother made one Photo of the fine notice and forwarded it to him by WhatsApp continue. In the photo, the notification was visible from the address field to the sentence “The fine is increased due to an intentional offense”. The person concerned lodged an objection to the fine on August 26, 2020. He was of the opinion that it was not properly served. The authorities responsible for fines assumed that the objection was filed too late on August 26, 2020.
Affected person no longer lives at the delivery address
The court found the driver right. The notice of the fine was placed in the mailbox of the apartment with address X (previous residence of the person concerned). Such a so-called substitute delivery is only possible if the addressee of the delivery actually lives in the apartment. The person concerned must mainly live there, so that delivery can most likely be expected at this address.
However, on July 28, 2020, the person concerned established a new place of residence at address Y and gave up his old one. He was able to prove this with a protocol of the handover of the apartment on July 28, 2020.
Delivery via WhatsApp is not enough
The court stated that the fine notice was not deemed to have been delivered to the person concerned by sending a photo of the upper half of the notice via WhatsApp. In this case, delivery can only be accepted at the point in time when the person concerned actually Knowledge of the administrative fine would have. On August 8th, 2020, the person concerned wrote an email to the authorities responsible for fines, in which he stated that he may not have driven himself when the speed limit was exceeded and asked for the measurement photo. At this point in time, at the latest, he was aware of the notice of the fine.
The correctly filed with the letter of August 26, 2020 Objection The judges said that the decision on the fine was not filed too late.
AG Trier, decision of November 27, 2020, Ref .: 35a Owi 52/20
All important information about the Fine proceedings you’ll find here.
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