Receiving a fine can be an unpleasant experience, especially when you consider that the sanction is not justified or that there are errors in the report. In Bucharest, many of the contraventional sanctions are applied by the Local Police of the Municipality of Bucharest, an institution that has competencies in areas such as construction discipline, environmental protection, street advertising, street trade, parking, or public order. In order to know how to react correctly, it is important to understand what types of fines can be contested, what the legal deadlines are and what steps must be followed to file a contraventional complaint. In many situations, citizens give up contesting due to lack of information, although the law offers them this possibility.

What types of fines the Local Police of the Municipality of Bucharest can apply

The Local Police has duties established by law, and the officers can apply contraventional sanctions in several areas. Among the most frequent are fines for irregular stopping or parking, abusive occupation of the public domain, failure to comply with sanitation rules, carrying out commercial activities without authorization, or disturbing public peace.

Sanctions may also be applied for construction works without authorization, illegal advertising display, or for damaging urban furniture. Each fine is accompanied by a report of finding and sanctioning the contravention, an essential document in the event of a contestation.

It is important to note that the Local Police does not have the same competencies as the Romanian Police. For example, in the field of road traffic, its duties are limited to certain situations, such as parking or access to restricted areas. If there are doubts regarding the competence of the ascertaining officer, this aspect may constitute a ground for contestation.

What contesting a fine means and within what term it is done

Contesting a fine means filing a contraventional complaint against the report by which the sanction was applied. This complaint is addressed to the competent court of law and must be filed within a strict term provided by law.

The general term for contesting a contraventional fine is 15 days from the date of handing over or communication of the report. If the document was sent by mail, the term begins to run from the date of confirmed receipt. Exceeding this term generally leads to the rejection of the complaint as being filed late.

The complaint is filed with the district court in whose territorial jurisdiction the alleged contravention was committed. For example, if the fine was applied in a sector of Bucharest, jurisdiction belongs to the corresponding district court of that sector.

What grounds may form the basis of a contestation

Not every dissatisfaction is sufficient to cancel a fine. However, there are several situations in which the report may be contested with real chances of success. Among the most frequent grounds are the absence of mandatory elements from the report, insufficient description of the act, or incorrect indication of the legal basis.

The report must contain the identification data of the offender, the date and place of committing the act, the clear description of it, the legal basis, the sanction applied and the possibility to file a complaint. The absence of essential mentions may lead to the annulment of the document.

Another ground may be the lack of evidence. If the fine was applied without photographs, witnesses or other evidence, and the situation is contested, the court may consider that the act is not proven. Also, there may be errors regarding the identification of the person or of the vehicle, in the case of parking sanctions.

In certain cases, the lack of competence of the ascertaining officer or the incorrect application of the legal norm may also be invoked. All these aspects must, however, be clearly argued in the contraventional complaint.

How you draft and file the contraventional complaint

The contraventional complaint must be drafted in writing and must include your identification data, the number and date of the contested report, the factual and legal grounds on which you base your request, as well as the express request for annulment of the fine.

To the complaint are attached the copy of the report and any other relevant evidence: photographs, video recordings, witness statements or other documents that support your version. It is also necessary to pay the judicial stamp duty, according to the legislation in force.

The complaint may be filed directly at the registry of the competent court or sent by mail, with confirmation of receipt. Once registered, the court will set a hearing date and will summon the parties. Your presence is not always mandatory, but it is recommended in order to support your case.

What happens after filing the contestation

Once the complaint is filed, the execution of the fine sanction is suspended by right until the final settlement of the case. This means that you are not obliged to pay the fine until the court rules.

During the trial, the court will analyze the legality and soundness of the report. It may hear witnesses, request additional evidence and will verify whether the sanction was correctly applied. At the end, the judge may maintain the fine, reduce it or annul it.

The decision of the first court may be challenged by appeal, under the conditions provided by law. It is important to follow the deadlines and to inform yourself regarding the next steps, especially if the solution is not favorable to you.

Practical advice to avoid or manage fines

Before reaching the situation of contesting a fine, it is useful to know the rules applicable in Bucharest, especially regarding parking, occupation of the public domain or commercial activities. Many sanctions can be avoided through minimal information and by complying with local rules.

If you nevertheless receive a fine, read the report carefully and check all details. Note any inconsistencies and quickly gather evidence, if applicable. Respecting the 15-day term is essential in order not to lose the right to contest.

Fines applied by the Local Police of the Municipality of Bucharest are not final and incontestable. The law offers citizens clear instruments to defend their rights. Correct information and prompt action can make the difference between paying an unfair sanction and having it annulled in court.

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