How the parking ticket comes in. Moscow parking in social networks

25.07.19 29 866 23

If there was no violation

Georgy Shabashev

canceled the parking ticket

I park in authorized places and pay for parking via the app.

But in February, a ticket came in for unpaid parking, which I disagreed with.

In this article I will tell you how I proved my innocence and canceled the fine.

What kind of paid parking

In November 2012, parking on some streets in the center of Moscow became paid - 50 rubles per hour. For 6 years, paid parking has reached the Moscow Ring Road, and the fine for unpaid parking has increased to 5,000 rubles.

Paid parking has supporters and opponents - this is a topic for a separate discussion. The article is not about that.

I'll show you how to cancel an illegal parking or stop ticket. If you park under the “No Stop” sign or do not pay for parking where there were signs, markings and a parking meter, this is a violation. It is useless to appeal against such a fine, you have to pay.

What's happened

I drove along the Kashirskoye highway, turned onto a backup and stopped in a parking pocket near a shopping center. There were no signs of paid parking, road markings parking spaces too. I left the car for 15 minutes, and two days later in mobile application bank appeared unpaid fine- 5000 rubles.

I was surprised and decided to wait for the resolution with photographs to figure it out.

We know how to defend our rights and not lose money.

The original of the decision was sent to me by registered mail to an address that does not match the address in the complaint. The AMPP hotline could not explain the reason to me.

Personal Area service zakaznoe.pochta.ru: the fine was canceled

My findings

It's good that the fine was canceled, but it took time. If I knew about the paid parking in that place, I'd rather pay 10 rubles than waste time filing a complaint and waiting for an answer.

If paid parking is required, it must be marked with signs and markings. There are places in Moscow where parking signs and markings contradict each other or are absent altogether. Such problems are not always promptly eliminated, therefore, after parking, I recommend checking the place through a mobile application - perhaps parking here is paid, but you did not notice the sign.

At a glance: how to dispute a parking ticket

Receive an order in the case of administrative offense.
Check if there was a violation: signs and markings are visible.
Gather Evidence: Take photographs of the site of the alleged violation.
Write and file a complaint on the Autocode portal.
Use the mobile app to know where parking is paid, even if there are no signs.

If you closely study the statistics maintained by such a law enforcement agency as the traffic police, it will become clear that in Russia it is quite difficult to find a person who has never been involved in administrative responsibility and in particular not. A huge share of the money that goes into the state budget is money that is charged for inappropriate parking selection. True, among the violators there are also such motorists who do everything right and their fine - illegal actions employees. Actually, wrong parking, which was "awarded" to a motorist, can be challenged with a lot of effort. In the article, we will consider ways to legally defend the driver's right not to pay a fine if the actions of the traffic police are illegal.

As practice shows, most often those car owners who live in large metropolitan areas want to appeal a parking fine and often face violation of parking rules in the parking zone.

We dispute the traffic police fine for incorrect parking

Contesting a parking fine is a lengthy process that requires a competent approach. Before you start doing something, you should pay attention to several important aspects... First of all, one should remember where the decision on the violation was received: it was done directly at the scene of the incident or in the places where the offense was recorded.

Errors are often encountered at the time of automatic registration of a violation. Order for payment pecuniary punishment can be pronounced by the judge, however, to such a level "reach" most often only violations, the participants of which will be severely punished. Therefore, the occurrence of a parking fine is nothing more than a simple order issued by a traffic police or traffic police officer. Here the subordination should be strictly observed: if the law is violated or not fully complied with by the guards of order, the decision can be challenged, while the officials will bear due responsibility.

Almost the majority of modern motorists, when a fine appears, without understanding the details, pay the issued receipt. At the same time, according to leading lawyers, more than 92% of contested cases are resolved in favor of civilians... Without understanding what is happening, the motorist runs the risk of giving the state at least 1,000 rubles (if we talk about natural person). A legal entity can be fined for a much larger amount, the payment can reach 500,000 rubles.

Monetary penalty for can be obtained in several cases:

the car was left in the area of action of signs that regulate the prohibition of parking;
the car was parked on the sidewalk (there was no special designation);
the vehicle has been placed in a place for the disabled, on the territory of a playground or in a park.

Parking a car on, in a tunnel, on a bridge is also considered a violation. In other words, the vehicle must not be left where it would obstruct the movement of emergency vehicles or other vehicles. Vehicle.

As a rule, a car left in in the wrong place, can be legally sent by a tow truck to a special parking lot. In addition to the fact that a negligent motorist will have to pay a fine, he will be obliged to reimburse the costs for the services of a tow truck, as well as for the safety of his property in the parking lot. Measures not taken in time to pay off the debt are fraught with a doubling of the penalty amount, compulsory works, as well as administrative arrest.

How to park correctly?

In order not to think about how to challenge a parking ticket later, you should clearly understand what is at stake. In particular, the car can be left by the owner in the place that is intended for a specific type of service (). A parking lot can be called a certain section of a road or a certain section of an area that is located in close proximity to the carriageway.

When it comes to paying a fine for incorrect parking, you should take into account the moment of paid and free parking. The fact is that in such a situation, much will be decided either by the local authorities or by the owner of the territory. A fine for this type of violation provides for the ability to teach motorists not to create prerequisites for accidents, not to obstruct the passage of ambulances and fire services.

As practice shows, the authorities annually tighten parking rules, while the number of free parking spaces is decreasing, and the number of various signs prohibiting parking is increasing.

But how to act in such a situation when you urgently need to park your car, and there is no regulated parking nearby? In such a situation, it is far from always possible to get by with a warning. In the event that the car is parked in the wrong place for more than 5 minutes, the vehicle owner is likely to receive a fine.

If the car is forced to stop - in mandatory necessary . It should be noted that this can largely solve the situation, because in places where parking is prohibited, such a sign is simply necessary.

Typical actions should come from a motorist who is suddenly confronted with a technical malfunction in his vehicle. This behavior will save the car owner from a fine.

So, in order to impose penalties on a person, certain grounds are required. Among such prerequisites is the fact of violation of the rules governing stopping a car, recorded:

traffic police officer;
photo or video equipment;
any citizen reporting an improperly abandoned vehicle.

If a motorist decides to challenge a parking fine, he must be sure that they are trying to charge him monetary compensation unlawful.

Quite often, car owners have to prove that the car left under a sign prohibiting staging was parked out of necessity. In such a situation, it is extremely important to comply with the emergency parking rules.

Rules for appealing a parking fine

You can appeal a parking fine both in court and in another typical higher-level inspection. True, one should take into account the fact of fixing the committed offense. Since at official registration such an act, it will be possible to challenge the decision of a traffic police officer only if there are compelling facts. In particular, in such a situation, finding an error in the decree can save the motorist. Among such "blunders" there may be an incorrect indication of the time and place of the violation.

It is worth noting that a person who wants to appeal a parking ticket in court will have to file an appeal with such a government agency within a strictly defined period. As a rule, justice can only be restored by going to court within ten days after the order was received.

For example, in the event that the case was formulated on the basis of photographs taken by outdoor security cameras, the deadline for filing an application must be counted from the date when the order was received.

However, if it was not possible to apply to the court during the specified period, the complaint may be filed a little later. Only together with the rest of the documents will you have to have a confirmation certificate indicating the impossibility of an earlier appeal. Such a justifying document may be sick leave, business trip.

How and to whom to contact

If a motorist does not know how to challenge a parking fine, he will have to start by contacting the traffic police or a court located in the region where the relevant authority that determined the penalty is located. It is worth knowing that regardless of the place of appeal, the appeal period should be observed.

At the time of the appeal, the complaint must be submitted to the name of the head who is in charge of the specific inspector who executed the decree. In order to find out the initials of an official, you will have to contact the appropriate traffic police department.

There are several ways to leave a complaint:

direct delivery to the inspector who executed the imposition of the fine;
leaving to the addressee;
sending by registered letter;
filing a complaint to the structural department of the traffic police.

If the complaint is submitted directly to structural subdivision Traffic police, after three days it will be able to consider the responsible executive... After just ten days of consideration, the motorist who sent the appeal will receive an answer.

If the applicant wants to appeal the parking fine in court, transfer his written request he will be able by means of a certified letter (the sender will receive a confirmation of delivery). If you wish, you can file a complaint directly with the department district court... In this case, the appeal may be pending for about 2 months, while additional payment of the state fee is not required.

If you write an appeal to the court or the traffic police department, the complaint can be made in any form, the only thing that is necessary is to comply with the usual structure, in particular, indicate the address part, state the essence (specifying in detail your requirements), attach attachments, indicate the date of drawing up, put personal signature with decoding.

The address part, as a rule, indicates: the name of the body, the postal address of the unit, the applicant's data (name, place of residence, telephone).

The main part of the document must contain: details of the contested decision, full name of the inspector who wrote out the decision, facts according to which the applicant disagrees with the administrative penalty imposed.

The request must necessarily describe the specific wishes of the applicant, indicate the desire to stop administrative proceedings, cancel the penalty.

The application must include documents that contain evidence proving the correctness of the applicant. It should be noted that an appeal against a parking fine requires the presence of the person who wrote the appeal. In view of this circumstance, it is extremely important to indicate a valid phone number, which will allow the applicant to find out in time about the place and time of consideration of his complaint.

Conclusion

If the motorist knows clearly all the parking rules, he will be able to appeal against the fine, which was written out inappropriately, without any problems. True, one should not think that the court or the traffic police acquit the guilty person; in the presence of a gross violation, it is extremely undesirable to evade responsibility. In case of late payment of the fine, stricter measures may be imposed on the motorist, in particular, an increase in the fine or the imposition of administrative arrest.

No one is immune from rule violations road traffic... But for each such violation, citizens will be punished in the form of fines.

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Russian legislation provides for the possibility to challenge the decision of a police inspector. It is imperative to know how parking fines are appealed in 2020. Since there are many nuances of carrying out such a procedure.

Initial information

Every driver needs to know the specifics of how to challenge a traffic police fine for incorrect parking. Since the police inspectors write out a lot of such fines. And not always all actions of inspectors will be within the limits of legislative rules.

It is on the basis that a citizen has the presumption of innocence that he can appeal against the inspector's decision. And in this case, the penalty will not be payable.

A citizen needs to take into account that proceedings regarding a fine can consist of several stages. Plus, you can pick up the car even before the payment is due.

If it comes to filing a lawsuit, then it is best to use the help of a lawyer who works in this area.

Basic concepts

To analyze the situation with the possibility of challenging violations with fines, you must familiarize yourself with a number of concepts:

Appeal	Possibility to change the established regulation
Court	A state institution that deals with various kinds of controversial cases
Fine	A fee that is charged for violation of any obligations. It can be appointed only by those persons with whom the citizen has entered into an agreement
Traffic rules	Traffic rules governing all motorists in different countries the world. In accordance with the provisions of this document, fines are assigned in case of violations.
Parking	Accommodation road transport for a period of time longer than five minutes in specially designated places - parking areas
Statement	A document that the applicant draws up to obtain information, any data, benefits or services

Terms of consideration

In order to submit documents for appeal, you must obtain a resolution from a traffic police officer.

On its basis, within 10 days, you can draw up a statement with claims to the police. And it’s best not to exceed the deadline.

The law gives traffic police officers no more than 10 days to consider an appeal from a physical or legal entities a. But it is worth noting that this is not the only instance to which such a document can be submitted.

If the traffic police refuse to replace or cancel it, then you can go to court and prove your case there.

Current regulatory framework

Not everyone knows whether it is possible to challenge a fine from the police in accordance with the law. But such provisions, of course, are in different laws of Russia.

The fact is that, a priori, the legislation allows you to challenge any fine from the automobile inspection.

The main regulatory legal act in Russia in this area acts.

This document should refer to Chapter 25. It contains the main provisions on such legal proceedings, during which a decision can be made to abolish the fine against a citizen.

According to the law, in accordance with Articles and, an individual as well as a legal entity may have legal representatives in the form of lawyers. And in court it is best to use professional help.

What you need to know

When the driver was sent a parking ticket how to appeal this document not everyone knows. There are several points in this area.

When you first apply to the police department, you cannot always count on the success of the case. Since in this case, the citizen cannot attach additional evidence. Such as witnesses.

That is why, after the initial submission of the application, you need to prepare for litigation... Especially if the matter is not just a mistake by the addressee, but in the presentation of a claim for an offense under traffic rules.

Sometimes a surveillance camera can be mistaken, on the basis of which fines are issued. Legal action can only be brought at the location of the violation.

And the citizen will need to have a large package of evidence. Without them, it will not work to challenge the decision of the traffic police inspector.

How to dispute a fine for incorrect parking in Moscow

The appeal of fines in Moscow and the reception of complaints about this city is conducted by several services. The driver can place his claim online through two portals:

It is imperative to distinguish between the options for fines and the organizations that are responsible for them. The following gradation operates in Moscow:

In accordance with which body is responsible for the decision, and the appeal of the fine is carried out. The single contact center is responsible only for advisory work and the status of the complaint cannot be verified there.

On the lawn

The Code of Administrative Offenses and Traffic Regulations does not contain the concept of a lawn and the amount of fines for parking in such a place. In this case, it must be borne in mind that the punishment for damage to the lawn coverage will be written in regulations regions.

In each Russian subject the federation may adopt its own lawn handling regulation. And often the size of the fines is quite high.

It is possible to dispute such a decision. Since there are frequent cases of violation of the compilation procedure.

And this plays into the hands of the driver. The main argument can be cited that any of the articles of procedural law has been violated.

The main data indicated in the document are:

information about the applicant's representative - full name, contact details;
data of the inspection that issued the fine;
information about the order of the fine and on what grounds it should be canceled.

Where can you appeal

In a democratic state, there are always several tools to defend your rights. In Russia, you can also use several options for appealing a fine. And here it is important to take into account both the authority that issued the fine and the level of the proceedings.

Video: we will appeal a fine for incorrect parking

In a court

2. How to pay fines?

You can pay fines for incorrect or unpaid parking:

on the portal ;
in the Moscow Parking mobile application (for iOS or Android);
in the bank ().

During If a copy of the order on the appointment of an administrative fine was received at your address after the expiration of 20 days from the date of its issuance, you can restore the specified period by applying to the traffic police or MADI.

"> 20 days after the issuance of the traffic police or MADI order, you have the right to pay only 50 percent of the fine for violating the rules of stopping and parking. However, the discount does not apply to fines for non-payment of parking.

3. What are the penalties for incorrect parking in Moscow?

The fine for unpaid parking in the paid city parking zone in Moscow is 5,000 rubles.

For violations of the rules of stopping and parking, car owners are imposed administrative fines in the amount of 3,000 rubles. For placing vehicles on a lawn or other territory occupied by green spaces - 5,000 rubles.

For violation of the rules of stopping or parking in places designated for stopping or parking vehicles of disabled persons, the fine is 5,000 rubles.

A copy of the decision in the case of an administrative offense is delivered by mail to the address of the car owner.

Also, in some cases, your car may be detained and placed in a dedicated parking lot.

4. For stopping at what places can they be fined?

You can be fined for:

a stop on the lane for route vehicles;
stopping or parking at pedestrian crossing and closer than five meters in front of him;
stopping or parking in places of stopping of route vehicles or parking of passenger taxis or closer than 15 meters from places of stopping;
stopping or parking vehicles on tram tracks or stopping or parking vehicles further than the first row from the edge of the carriageway;
violation of the rules for stopping or parking vehicles on the carriageway, resulting in the creation of obstacles to the movement of other vehicles;
parking on a lawn or other area occupied by green spaces;
stopping or parking a vehicle in the tunnel;
failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles;
stopping and parking in places designated for stopping or parking vehicles of disabled people.

5. How to receive SMS with information about fines?

Each car owner has the opportunity to use a free information service to obtain information about accrued fines.

You can unsubscribe from the information service by sending the following message to the same short number: “stop STS fine SerialNumberSTS”. For example: "stop STS penalty 33va123456".

6. How to find out which authority imposed the fine?

In Moscow, the authority to consider administrative cases related to violation of the requirements of road signs prohibiting stopping or parking of vehicles has been transferred to the Moscow Administrative Road Inspectorate (MADI).

Traffic police officers of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow administer other violations of parking and stopping rules: improper stopping or parking on the sidewalk, at a pedestrian crossing, at a bus stop public transport etc.

In addition, in case of non-payment of parking in paid parking lots, vehicle owners are fined by the State Treasury Institution of the city of Moscow "Administrator of the Moscow Parking Space" (GKU "AMPP").

The parking space is a specially prepared area. It can be equipped with appropriate signs, adjacent to the road or other infrastructure facilities. So, let's find out if it is possible, how and where to challenge (appeal) the fine for, in Moscow and Russian cities.

Features of appeal

Amounts of penalties

The parking space can be free or charge a certain amount. Dimensions for incorrect parking (for example, at a bus stop,) differ by region:

one and a half thousand rubles for the regions;
for Moscow and St. Petersburg - three thousand rubles.

Situations often arise when parking fines are issued in violation of the law. In this situation, drivers have the right to appeal against this penalty.

This video will tell you more about parking fines and their appeal:

Supervisory authorities

Parking rules must be observed regardless of the region, but in Moscow this situation is under special control. Three structures oversee this area:

State Traffic Safety Inspectorate - the number of the decree on the offense starts with 188;
Moscow Administrative Road Inspectorate - regulatory number legal act about the fine - from the numbers 782;
Administrator of the Moscow parking space - decree number - from 780.

Ten days from the date of its execution are allotted to appeal against a penalty order. If the allotted time has expired, then you will have to prepare a petition, with a positive consideration of which the delay will be restored.

Institutions imposing sanctions

The peculiarities of the appeal procedure are due to the institution that imposed the fine:

MADI accepts documents in the following ways:
- in person and by mail: Bolshoy Palashevsky lane, 15, building 1;
- electronically at [email protected];
- via the feedback form on your website.
Traffic police accepts documents in person and by mail: Sadovaya-Samotechnaya street, house 1.
Metropolitan parking space administrator ready to accept documents from the applicant at Skakovaya street, house 19, entrance 2.

In other subjects Russian Federation a similar deadline for appealing a fine has been established. The documents should be sent to the traffic police, and if the decision is not satisfied, then to the court in accordance with the location of the road inspection point. In this situation, all materials are subject to review within two months.

About the order in which you can appeal (dispute) a fine for incorrect parking, non-payment, etc. through the court and other instances, we will tell below.

This video will tell you about the reaction of drivers to parking fines and the desire to appeal them:

How to challenge a traffic police fine for incorrect parking

Challenge penalty for parking is possible in the case when there is complete confidence that it was imposed illegally. To do this, you should provide a maximum of evidence and the following list of documents:

Disagreement with a formalized order for illegal parking.
A copy of the regulatory legal act on both sides.
A request, which should indicate that the applicant will not be able to be present in person during the examination of the documents.
If necessary - an application for the restoration of the missed ten-day period, which is allotted to appeal against the parking sanction.
Copies and originals of all documents and materials proving that the fine was imposed on the applicant unreasonably.

The complaint and related documents are considered within three days.

Motorists also have the right to appeal against fines that are imposed for. The amount of fines differs depending on the region: 2500 rubles - in the capital, 3000 rubles - in St. Petersburg, from 1000 to 3000 rubles - in other regions of the country.

You can challenge the penalty ruling in the capital in the following order:

through the application for a cell phone "Parking Moscow";
through the website of public services of the capital region;
personally at the institution "Administrator of the Moscow Park Space".

In the regions of the Russian Federation, you can appeal against an illegally issued fine for paid parking in the institution that imposed the sanction. The terms of appeal and the list of documents do not differ from those provided for the capital. About checking parking fines by car number or driving license, we wrote earlier.

The video below provides instructions on how to appeal illegal parking fines: