Fine notification via WhatsApp? Is the delivery enough?

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Fines notice speed camera objection 3

It is unpleasant to have to pay a fine. But when does the decision count as "delivered“? What if the accused has moved during this time? Is it enough then, about it via WhatsApp to be informed? A fine that is only received as a photo via WhatsApp is valid not as delivered. The same applies if the person concerned is only informed verbally about the decision. He has to Documents or full copy hold it in your hands for the delivery to be effective. It is however unnecessaryto keep the original. The notice must be available as an electronic copy, such as a scan, photocopy or fax. The working group on traffic law of the German Lawyers' Association (DAV) refers to a judgment (Az.: 35a OWi 52/20) of the Trier Regional Court.

Mother sends the message – via WhatsApp as a photo

Fine notice WhatsApp delivery

The specific case involved a man who received a fine at the address he shared with his mother. However, he had moved himself, but had not yet re-registered. The mother used WhatsApp to send her son a photo of the fine notice. This showed the top half of the notification. A dispute arose as to whether the notice had been properly served on the man, which a court had to resolve. The court held the delivery of a warning ineffective. Since it was not sent directly to the person concerned, the drop in the mailbox of the registered address as substitute delivery designated. According to the court, this presupposes that the person concerned actually lives there. That was no longer the case here. In addition, the photo was not sufficient.

What types of copies are allowed?

The notification is deemed to have been served when it is sent to the person concerned at so-called delivery defects was actually made available. However, it is not enough just to have been informed about something verbally. The original, on the other hand, is not necessarily required. The DAV traffic lawyers say that electronic copies such as scans, photocopies and faxes are sufficient. A photo, on the other hand, is not a scan and does not suffice for the written form.

Judgment OLG court 2 E1609154219481

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