Ecrimisil is a fee calculated to compensate for the damage caused by the unauthorized use of public real estate. This fee is notified with a penalty notice. People who receive a notice of non-compliance may, in some cases, request the cancellation of this notice. In this blog post, we will give detailed information about the case for cancellation of the penalty notice.
What does Cancellation of Penalty Notice Mean?
Cancellation of the Ecrimisil notice means the cancellation of the notified notice by filing a lawsuit in the administrative judicial authorities on the grounds that it is against the law. As a result of this lawsuit, the court may cancel or reject all or part of the notice.
What are the Circumstances in which the Ecrimination Notice Can Be Cancelled?
Some situations in which the Ecrimisil notice may be canceled are as follows:
• Incorrect calculation: An error was made in calculating the Ecrimisil fee.
• Lack of authority: It is issued by an authority that is not authorized to issue the Ecrimisil notice.
• Violation of formal requirements: Violation of formal requirements in the notification or content of the Ecrimisil notice.
• Absence of unjust occupation: Failure to prove that public real estate is unjustly occupied.
• No fault: There should be no fault in the calculation of the Ecrimisil fee.
How to File a Case for Cancellation of Ecrimisil Notice?
The case for cancellation of the penalty notice is filed in the Administrative Court where the real estate is located, within 60 days from the date of notification of the penalty notice. The reasons for requesting annulment must be clearly stated in the petition. In addition to the petition, copies of the penalty notice and other relevant documents must also be submitted.
Lawyer in Charge of the Cancellation of the Ecrimisil Notice Case
Since the case for cancellation of the Ecrimisil notice is subject to administrative jurisdiction, it is important to consult a lawyer specialized in this field. The lawyer will represent his client legally and defend his rights during the opening and follow-up of the case.
Statute of Limitations in the Case of Cancellation of Ecrimisil Notice
The statute of limitations for the annulment of the Ecrimisil notice is 60 days. This period starts from the notification date of the penalty notice. If a lawsuit is not filed within the statute of limitations, a lawsuit for annulment of the penalty notice cannot be filed.