Lawyer Fanny Barreto, an expert in the field, has indicated that the issue is more profound than acknowledged, asserting that all issued parking fee assessments by the council are illegal. The lawyer explained on 'Herrera en COPE Gran Canaria' that the tax procedure applied by the City Council omits a crucial step required by law: the notification of the proposed assessment. This procedure allows citizens to present allegations before the assessment becomes final, a right that has been denied to them.

The omission of this step is not a minor error, as, according to Barreto, it renders all assessments “null and void by full right.” This implies that even acts previously considered final can be annulled, given that the irregularity is so severe that they “have not prescribed.” Consequently, affected citizens have the possibility of initiating procedures to claim the refund of paid amounts, which in many cases amount to thousands of euros per person.

The situation is exacerbated by the fact that the City Council was aware of this illegality since 2021. At that time, the Economic-Administrative Tribunal had already ruled that the procedure was contrary to law. Despite this, the practice continued, “even knowing that they were doing it wrong,” according to the lawyer, who claims to have evidence of this prior knowledge on the part of the administration.

Regarding the potential criminal consequences of acting with knowledge of the illegality, Barreto did not hesitate to mention “administrative malfeasance,” suggesting that municipal officials could have committed a crime. The lawyer advises all affected individuals to file an individual administrative appeal with the City Council itself, expressing skepticism about the official review announced by the council, which she considers “propaganda.”

The chances of success in these claims are high. Fanny Barreto has confirmed that out of the five procedures she has initiated, she already has “two firm resolutions” in her favor. Furthermore, she denounced the human impact of the seizures, which were sometimes executed “in violation of the law” by affecting individuals without minimum income, who saw their money withheld by Hacienda.