But tax authorities have since revealed they are considering appealing these decisions, which is no surprise given the amounts reportedly at stake for the state’s depleted coffers.
However, only disputes over values of above 1,250 euros can be taken to a higher court, with those in excess of 30,000 euros being heard by the Supreme Administrative Court.
The main justification for the Braga Court to rule in favour of motorists was that the fines were issued to the owners of the offending vehicles, and not necessarily their drivers.
The cameras fitted on overhead gantries on motorways such as the Algarve’s A22 only capture images of the car’s licence plate and not the driver.
As a result, lawyers have argued, and successfully, that the owner of the vehicle is not necessarily the transgressor and he should be allowed to prove his innocence, which has not happened since tax authorities took over the collection of unpaid tolls back in 2012.
The João Magalhães law office in Braga has also claimed that this lapse, along with tax authorities’ alleged failure to follow the basic rules of fiscal offences as is stipulated by the Regime Geral das Infracções Tributárias (RGIT), should result in all fines issued to date being declared illegal.
João Magalhães is also planning on supporting a claim lodged on behalf of hundreds of motorists calling for the annulment of all fines issued for overdue tolls.
The office says it is currently dealing with 800 cases of people contesting fines.
Pedro Marinho Falcão, another lawyer who was also victorious in Braga this week with a claim, revealed that he has a further 200 cases lodged with the court, representing a total value in fines of more than 100,000 euros.
Legal battles being fought in court rooms across the country are now set to soar, with this latest news of the taxman suffering the unusual fate of being on the losing side. The Association of Portuguese Consumer Rights has joined in the battle and said it was planning to file an injunction next week against the manner in which fines were being issued, and the astronomical values they were reaching when unpaid tolls amount only to a few euros.
Workers at tax offices are not happy either, with the Union for Tax Workers not only contesting the values they are being asked to collect from taxpayers, but are also acting as debt collectors for private entities.
“This is highly controversial and places a question mark over how the state should function”, Union leader Paulo Ralha was quoted as saying.
In a week which has been particularly rough for electronic tolls, Portugal’s national road chief decided to term the e-toll system a “mistake”.
António Ramalho, who has now also taken over as chief of national rail company Refer in conjunction with the position he already held at road company Estradas de Portugal, called for a “new model” to be found to collect tolls on previously unpaid motorways.
“Ten years ago, Portugal boasted the best toll system in the world – Via Verde”, he said, but added “the new gantry system contradicts the Via Verde system and destructive from a marketing point of view.”
Ramalho added that there are currently “huge concerns in finding a new model, but we are not going to make a mistake just because we are in hurry and end up choosing the wrong model.”
Toll fines declared illegal
in News · 15 Jan 2015, 14:02 · 7 Comments
after forgeting to pay a toll for last august .does anyone know how to pay it.
l'm findind very hard and i wish the toll people would remind you with having to wait 2 days before it goes on the system its so easy to forget.
how do you find out how much the fine is.
By tony english from Algarve on 16 Jan 2015, 10:50
Why don't they just accept that the toll system is unworkable and unjust and switch all the gantries off and get the traffic back onto a safer road because whilst the tolls are in place the "locals" will not use the A22 so making the other roads more dangerous and causing more pollution to the environment around those roads. Still when did those in "charge" ever show any common sense.
By K Simkins from Algarve on 16 Jan 2015, 11:35
We just bought a Via Verde box (which is around 25 EUR) and then you can have it paid automatically through your bank account. That way you don't forget it.
By Jacky from Other on 17 Jan 2015, 08:21
Hi there,
I went through moterway toll without paying from lisbon to vila franca de xira on Dec 6th 2016 by mistake, i just want to know how should i pay the toll now can you please help me. Thanks
By Iftikhar Hussain Awan from Lisbon on 01 Jan 2017, 06:47
I just received a letter from Pagamento de Portages requesting a small toll fine from over two years ago on a rental car. I have no recollection of ever being in this area(s), let alone not stopping to pay a toll. The so call offence was dated 17/10/2017. Is this legal ?
By Tim from UK on 23 Jan 2020, 10:53
I did not know there were tolls to pay and I have never been notified of having to pay any tolls. Out of the blue I started to receive very expensive fines since summer 2019. At the post office they cannot check foreign number plates to see if there are more unpaid tolls. It seems I have to wait for other fines to come. Shouldn't people have the option to pay the tolls without the fine? ??
By Elisa Lazier from Lisbon on 19 Feb 2020, 07:33
I just discovered that all those fines are from rental cars. Even after choosing the Via Verde option when renting cars, I still had to pay the tolls and the very expensive fines.
By Elisa Lazier from Lisbon on 19 Feb 2020, 15:12