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How are parking fines issued? Description of the procedure for appealing a parking fine - is it always possible to appeal, list of documents, sample application. Administrative penalty for violation of parking rules

Every time a Moscow motorist does not appeal against an illegal
a parking fine, a kitten dies somewhere.

And Liksutov smiles.


In what cases do you have the right to appeal a parking fine (2,500 rubles) or a fine for violating stopping/parking rules (sign 3.27, 3,000 rubles, evacuation + 5,100 rubles)?

Let's start with parking.

According to the traffic rules, "GOST R 52289-2004. National standard Russian Federation. Technical means organizations traffic. Rules for the use of road signs, markings, traffic lights, road barriers and guide devices" and Moscow Government Resolution No. 289-PP dated May 17, 2013 "On the organization of paid city parking in the city of Moscow" the parking space must be marked and marked with a sign 6.4 with plate 8.8:

It will not be a violation (and cannot be punished with a fine of 2,500 rubles) stopping at a place where:

1. No combination of characters 6.4. "Parking" and 8.8. " Paid services".

If there is just a sign 6.4, if there is a sign about paid parking, if there are no signs at all (read about the lack of signs below - there may be nuances) - the stop is legal and you cannot be fined!

Please note that signs 5.29 located at the entrance to the parking area, according to the traffic rules, indicate “the place from which the territory (section of the road) begins where parking is permitted and regulated using signs And markings." That is, without additional signs And markings, even inside the paid parking zone, it does not become paid everywhere.


It should be mentioned that information that appeared on the Internet that in parking lots marked 6.4. "Parking" and 8.8. "Paid Services" and 8.4.1. "Type vehicle" - cargo:

you can park and cars turned out to be unreliable - cars are taken away from such parking lots.


2. There are no markings indicating a parking space.

We read in Resolution 289-PP “Establish that the placement of vehicles in parking spaces paid city parking (use of parking spaces) in the territorial zones of the organization of paid city parking is paid". We do not place it in a parking space - there is no charge. There is also a definition of a parking space: " specially designated and, if necessary, a developed and equipped city parking space designed to accommodate one vehicle". No designation - signs AND markings - no parking space. Moreover - there are no markings - there is no paid parking, because in 289-PP it is written "The city parking area includes the entire section of the road network, marked with appropriate road signs and markings, provided for by Appendix 1 to the Resolution of the Council of Ministers - Government of the Russian Federation dated October 23, 1993 N 1090 "On Road Traffic Rules"".

The presence of only a sign cannot specifically indicate a parking space; moreover, the absence of markings prevents compliance with the rule that it is prohibited in paid parking lots "place a vehicle in violation of the boundaries of parking spaces".

We move on to stopping and parking in places where it is prohibited.

Such places according to Traffic rules and "GOST R 52289-2004. National standard of the Russian Federation. Technical means of organizing traffic. Rules for the use of road signs, markings, traffic lights, road barriers and guide devices" can be indicated by signs 3.27 - 3.30:

All of them can be supplemented with signs defining their coverage area:


If the coverage area is not defined by a sign, then it extends to the intersection. PLEASE NOTE - exits from courtyards and other adjacent areas are not intersections and do not interrupt the sign's coverage area!

Sign 3.27 “Stopping is prohibited” can be supplemented with marking 1.4 - a solid horizontal marking line along the curb or on top of it. Then the coverage area is limited to this marking - the marking is over - the coverage area is over! (As practice shows, the Moscow Road Inspectorate does not know this!)

Markup 1.4 can be used without the sign - saw a yellow line - you can’t park regardless of the signs.

Similarly to 3.28, “Parking is prohibited” can be supplemented with markings 1.10 - intermittent horizontal yellow markings. 1.10 can also be used independently, without a sign.

(I won’t even discuss parking at bus stops, tram tracks and sidewalks - for this, both the car and the driver must be evacuated to Magadan.)

If you parked your car in a place indicated by any of these signs or markings, you have violated traffic rules and a fine of 3000 is yours. If you are unlucky, you will also be evacuated. In all other cases, if you are fined or evacuated, you must appeal!

Please note - if you are not standing on the road, but are familiar with it, the parking lot can easily issue you a fine. Such a fine must also be appealed - it is illegal and can be easily changed.

Let's move on to the appeal.

0. Yes, point number zero - you are parking in a paid parking zone, but there are no signs/markings and you see no reason to pay. Ok, your legal right. But we must remember - yours legal rights Few people care in this country. When you get out of the car, take a couple of photos confirming the absence of signs and markings. It might come in handy. In general, I highly recommend subscribing to any newsletter with information about fines. Better - directly to Moscow from the Moscow Public Services Portal.

Fine 2500 for non-payment of paid parking

You learned about this from the newsletter. If you have SNILS and full registration with Moscow or federal State Services, then we go to Avktokod and there we find detailed information about the fine and a photograph of your offense. Let's see what the fine is for. There is no registration at PSU - you are waiting for an envelope.

If it’s your fault and it was completely impossible to park, let’s go pay a fine. Wait, not so fast! Check whether the address indicated in the protocol is correct; very often even foot inspectors make mistakes, and even parking inspectors make mistakes regularly. If the address is incorrect, you can appeal. If not, you will have to pay.

If it was possible to park, but the inspector or the parking lot stepped in, we write a complaint.

The approximate text of the complaint is below under the spoiler, you have the rest of the materials, you have completed step “0” and you have photos.

No??? You're a sucker... Okay, go and take a photo. What? Go far away? Ok, let's go to atlas.mos.ru and find Right place, open panoramas and take screenshots of the desired area from there. Why not Yandex.Panoramas or Google.Street View? The Atlas has fresher panoramas and is quite the official website of the Moscow Government + there is an opportunity to look at old ones, which can be useful as proof that the sign/marking never existed. Or that it was broken a year ago!

The complaint must be sent to [email protected]


General Director of GKU

"Administrator of the Moscow

parking space"

A.I.Grivnyak

From ______________

residing at:

Moscow, st. ______________

Contact number:

+______________

E-mail address:

______________

COMPLAINT

(on the decision in the case of administrative offense)

"04" On ______________ 2014, an official of the State Civil Institution of the AMPP issued a resolution in the case of administrative offense No. ______________. In accordance with this resolution, I was found guilty of committing an administrative offense under Art. 8.14 Administrative Code Moscow and I was sentenced to a fine of 2,500 rubles.

I consider this resolution illegal and subject to cancellation due to the absence of an administrative offense.

According to Article 8.14. Law of Moscow dated November 21, 2007 N 45 "Moscow City Code on Administrative Offenses" failure to pay for placing a vehicle in a paid city parking lot entails penalties administrative fine in the amount of two thousand five hundred rubles.

According to the note to the said article City parking should be understood as an improvement facility in the city of Moscow, which is a specially designated, arranged and equipped place that is part of highway, and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the Moscow Government. A similar definition is contained in the Traffic Rules.

According to Appendix 1 to the Traffic Rules, a parking space is indicated by sign 6.4 “Parking (parking space)”. If parking is paid, sign 6.4 must be supplemented with sign 8.8 “Paid services”.

On the section of the road network along building 13 on B.______________ lane, sign 6.4 (neither one nor with sign 8.8) is installed. There are also no signs prohibiting or restricting parking. The previous sign 6.4 with plate 8.8 was installed before the intersection of B.______________ with S.______________ lane, accordingly its coverage area does not extend beyond the intersection.

Thus, by parking the car in the specified place, I did not commit an administrative offense, since the specified road section was not marked as a paid parking zone in accordance with the requirements of the traffic rules.

Based on the above, I ask and in accordance with Art. 30.1 -30.9 Code of Administrative Offenses of the Russian Federation:

Cancel resolution No. ______________ dated 04 ______________ 2014 in the case of an administrative offense.

I ask you to consider my complaint in my absence within ten days.

Send a copy of the decision on the complaint against the ruling by email.

Date of: ______________

Applications:

1. Information about the resolution in the case of an administrative offense from the portal of the Moscow City Hall “Aktokod”.

2. Photo of the area - the building at B.______________ lane, building 13.

Fine of 3000 for violation of parking/stop rules

Everything is the same, only the complaint is submitted not to the State Administration of the AMPP, but to MADI (if the fine is issued by MADI) or to the traffic police (if the fine is from the traffic police) - the text is the same, just change the heading to:


To the boss

Moscow administrative

road inspection

Yu. P. Ovsyannikov

To the boss
OFFICE OF THE STSI GUIDE OF THE MIA OF RUSSIA FOR MOSCOW

Evacuation

If possible, it is better to go after the car prepared, with printed photographs and a ready-made complaint. There is no such opportunity - take photos anyway, let them be with you. Arriving at MADI, immediately demand that you take out administrative matter refusal. Show photos and explain that there was no violation. BE SURE to write all this down in the protocol!!! If possible, record it on a voice recorder.


Statement

on challenging resolution No. ______________ dated ______________ in a case of an administrative offense.

The car belonging to me______________, UAH ______________ was forcibly evacuated from a section of the road network located at the address: Moscow, ______________. Resolution No. ______________, issued by acting. Deputy Head of the Moscow Road Inspectorate ______________ I was found guilty of committing an administrative offense under Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. An administrative fine of 3,000 rubles was established as punishment. To return the car that belonged to me, I was forced to pay for evacuation services in the amount of 5,000 rubles + a commission of 100 rubles.

I consider the evacuation carried out and the decision issued to be illegal and unfounded for the following reasons:

1. Absence of an offense event.

According to Appendix 1 to the Traffic Rules of the Russian Federation “ROAD SIGNS”, sign 3.27 “Stopping is prohibited”, stopping and parking of vehicles is prohibited.

The coverage area of ​​sign 3.27 extends from the place where the sign is installed to the nearest intersection behind it, and in populated areas, in the absence of an intersection, to the end settlement. The effect of the signs is not interrupted at exit points from areas adjacent to the road and at intersections (junctions) with field, forest and other secondary roads, in front of which the corresponding signs are not installed.

The coverage area of ​​sign 3.27 can be limited by using it together with markings 1.4, while the coverage area of ​​the signs is determined by the length of the marking line.

The effect of sign 3.27 applies only to the side of the road on which they are installed.

From the above it follows that I did not commit an offense under Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, since the car was parked in that part of ______________ lane where there is no marking 1.4. As can be seen in the attached photographs, on the left side of ______________ lane, sign 3.27 is installed at the entrance to ______________ lane from the street. ______________, marking 1.4 is also applied there. The indicated marking ends after building 4 on ______________ lane and along building 2, page 1 there is no marking. The 3.27 sign on the left side is also no longer there. There is a sign on the right side, but it only applies to the right side of the lane.

Thus, the car is parked in the place where, according to the traffic rules, stopping and parking are permitted.

I reported these facts ______________ , this was indicated in the explanation in the protocol, however ______________ they were not taken into account when considering the administrative case. ______________ stated that his functions include only making decisions on the imposition of punishment. By these actions ______________ Articles 24.1, 24.5, 26.1 were grossly violated. and 29.9 Code of Administrative Offenses of the Russian Federation.

The resolution is based on the Protocol on Administrative Offense ______________, which contains false information.

The protocol indicates that the car was towed from the address ______________ lane, building 3/7. According to information from the Public Cadastral Map Federal service state registration, cadastre and cartography, such an address does not exist in the city of Moscow.

In addition, the car was parked near the house at ______________ lane, building 2, building 1, which should be visible in the photographic recording of the evacuation process.

I reported these facts to ______________, this was indicated in the explanations in the protocol, however ______________ they were not taken into account when considering the administrative case. These actions of ______________ grossly violated Articles 24.1, 24.5, 26.1. and 29.9 Code of Administrative Offenses of the Russian Federation.

Thus, it is obvious that Resolution No. ______________ was made using inadmissible evidence and in violation of the procedure for considering a case of an administrative offense, as well as in the absence of an administrative offense event.

In connection with the above, I ask you to cancel this resolution.

Result of appeal

10 days for consideration, 3 days for sending you a decision. There is no answer - we complain to the prosecutor's office, it is checked - it helps.

If there was an evacuation, after the resolution is cancelled, you submit. (There will most likely be problems with this stage - I haven’t received the money yet. I’m waiting. I will update the instructions as events develop.

If your complaint is denied, you can appeal the refusal in court. Instructions on how to do this and a sample complaint - .

There must be something I missed in the instructions. I will gladly accept any comments and add to the text. If you have any questions, ask.


A traffic police inspector or other authorized regulatory authorities can oblige a motorist to pay a parking fine.

Dear readers! The article talks about typical solutions legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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For example, in Moscow, in addition to the traffic police, there are MADI (Moscow Administrative Road Inspectorate), AMPP (Administration of the Moscow Parking Space).

Similar enterprises operate in other regions, especially in major cities. The responsibility to pay for paid parking rests with drivers. Its violation is also punishable by a significant amount. Benefits for large families not provided.

A fine for illegal parking is documented in a protocol issued by inspectors of regulatory services.

In automatic mode, violations are recorded by mobile or stationary cameras. The protocol, with the car number and information about the driver, is sent to the driver’s permanent (temporary) registration address.

Most cases are justified by parking:

  • under prohibitory signs (even if the driver could not see the sign);
  • in front of pedestrian crossings (at a distance closer 5 m.);
  • at public transport stops.

A fine may be collected if a car blocks the path of other vehicles or the passage of pedestrians. When parking a car, the driver must take into account the traffic rules of the Russian Federation -.

If the car was parked in accordance with these standards, then the driver has every reason to file a complaint against the actions of the inspector and challenge the fine in administrative and judicial proceedings.

The applicant must send a complaint to the authority that issued the protocol and obligated the motorist to pay the consequences of the offense.

You can do this:

  1. Directly contacting the traffic police and other regulatory authorities.
  2. By filing a complaint remotely - via mail, e-mail, or through a feedback form.
  3. By applying to the court.

Actions are carried out on an application basis. One complaint form will not be enough. The applicant must form an evidence base on which the fine can be declared illegal.

Concept

Parking fine in in the wrong place– a sanction unfavorable for the driver, which is expressed in the obligation to pay a certain amount for violating the rules of stopping and parking a vehicle. Imposed authorized persons Traffic police and other regulatory authorities.

Legislation

Rules for stopping and parking cars and other vehicles are regulated.

  1. Punishment for violations of the rules of stopping and parking a vehicle is provided.
  2. The possibility of evacuation of cars is provided.
  3. The cost of moving and storing cars is regulated in accordance with the corresponding explanatory letter dated December 6, 2016

Punishment for motorists

The amount of fines for unpaid parking install municipal authorities. It amounts to 1-3 thousand rubles.

Responsibility for other offenses established in the Code provides for:

  1. For stopping and parking at railway crossings, a fine of 1 thousand rubles and deprivation of rights to 3-6 months.
  2. For most violations of the rules of stopping and parking a vehicle, a fine of 500 rub.
  3. For parking in a disabled space there is a fine of 5 thousand rubles.
  4. For stopping or parking at pedestrian crossing or at a distance, closer 5 m. From him, - 1 thousand rub.
  5. For parking at a bus stop or taxi rank or 15 m. before her - 1 thousand rub.
  6. Stopping or parking on tram tracks, as well as in the second row - 1500 rub.
  7. Parking on the roadway, creating interference for other vehicles, in tunnels, under a bridge – 2 thousand rubles.

In Moscow and St. Petersburg, the fines are higher and amount to 2500-3 thousand rubles. For most violations of parking rules, the car is detained and placed in a parking lot.

The owner of the car must then compensate for the costs of moving and storing the car at his own expense.

The exception is when the administrative case is terminated and the offender does not have legal representatives who could pay for the services of evacuation and storage of the car.

No fines are imposed if the driver stops for no longer 5 minutes to disembark passengers for loading and unloading.

A protocol is not issued when the driver stops due to a technical malfunction of the car, subject to the rules of a forced stop (with the hazard lights on and a sign displayed). Illegal towing of a car is subject to separate challenge.

Video: appeal

Parking rules

How to dispute

It is necessary to file a complaint at the place where the offense was committed.

If necessary, you can submit requests to the Moscow Data Center (for example, about the location of signs, road markings - if they are blurred).

The responsibility to collect evidence rests with the applicant who decides to challenge the fine.

Deadlines

The sample complaint contains an introductory part - indicating the name of the applicant, his details, and contact information.

The descriptive part provides a sequential presentation of the events of the case with reference to the protocol, testimony of witnesses, and video recording equipment.

The applicant needs to provide a reference to specific provisions of the law and provide arguments as to what exactly the illegality of the decision is.

Additional documents

To find out what documents are needed to protect the applicant, you should take into account the specific situation.

  • The following must be attached to the complaint:
  • protocol for bringing to justice;
  • documents confirming the validity of the applicant’s arguments;
  • a petition to restore the missed deadline for appealing the decision;

other documents and information that are relevant to the resolution of the case (about an error in the number, etc.).

The applicant can receive official information about the location of signs and road markings; request to view the video recording.

State duty The official considers the complaint individually, checks its content and thoroughness in full

. It is not related to the arguments of the complaint.

The applicant has the right to be present during the consideration of the complaint. He is explained his rights and obligations and must be given the opportunity to present his explanations orally. Contact via public services

is also possible, but only if the traffic police department provides the ability to accept applications in electronic form.

Appeal a parking fine in court It is possible to challenge a fine for parking on a lawn in other cases in court - when decisions official

the complaint was negative or when the applicant decided to apply directly to the court. The application is submitted to district court

at the place where the decision was made. If the court decision is unsatisfactory, the complaint can be sent to a higher authority - through the appeal procedure.

Most of these situations are resolved out of court - if the driver actually paid, but the parking meter for some reason did not count the payment.

How to prove innocence

There are no universal instructions for proof.

The applicant needs to carefully consider a defense strategy - take photographs of the area, For example, if road signs covered by trees or there is no sidewalk (lawn) on the area, road markings have been erased, or when the road surface has no markings at all.

You can use the testimony of witnesses who are summoned to the traffic police or the court during the consideration of the complaint.

Arbitrage practice

It is difficult to challenge a decision if the protocol is drawn up properly, it contains correct data and the applicant previously agreed with the violation, but later changed his position. Even if the owner was not driving, it will be difficult to cancel the decision. This does not deprive the owner of the car of the right to recover the paid fine through recourse.

Many car owners are interested in the question of how to appeal the decision of the AMPP and where to appeal the decision of the Civil Code of the AMPP.

Previously, we have already published an article stating that it will not be possible to pay half of a fine for illegal parking, but in this article we will tell you how to appeal the decision of the State Property Committee of the AMPP.

Of course, it will not be possible to CHALLENGE FINES for unpaid parking (fine of the State Public Institution “AMPP”, 2500 rubles), but it happens that the fines are not always legal.

HOW TO APPEAL THE DECISION OF THE GKU AMPP?

Complaint against a decision in a case of an administrative offense;
If you miss the deadline for appealing, you must write a petition to restore the missed deadline for appealing the decision on an administrative offense. (A complaint against a decision in a case of an administrative offense can be filed within 10 days ( Code of Administrative Offenses article 30.3) from the date of delivery or receipt of a copy of the decision);
Additional materials optional: a copy of the resolution on both sides; a copy of the parking payment receipt; checks; SMS screenshots; payment details; a copy of the receipt for payment of the subscription/residence fee; a copy of the postal envelope; a copy of notifications about obtaining a preferential permit, etc.

WHERE TO APPEAL THE DECISION OF THE AMPP

To appeal a decision of the Civil Code of the Russian Federation, you need to download and fill out a sample complaint against a decision on an administrative violation. A sample complaint could be downloaded from the Moscow Parking website, after which it must be filled out and signed in person.

Where can I appeal the decision of the State Property Committee of the USPP?

After filling out the appropriate complaint against the decision of the Civil Code of the AMPP, it can be sent in one of three ways:

Send a complaint online:

Such a complaint against a decision on an administrative offense can be filed remotely through a single transport portal (transport.mos.ru) and Autocode (avtokod.mos.ru).

Send a complaint via mail:

A complaint against a decision on an administrative offense can be sent using Russian Post to the address: st. Skakovaya, 19, Moscow, 125040, State Treasury Institution of the City of Moscow “Administrator of the Moscow Parking Space”

Send a complaint personally:

A complaint against a decision on an administrative offense can be sent in person, during office hours (daily from 8.00 to 20.00) to the following addresses:

Moscow, Staraya Basmannaya street, building 20, building 1 or Moscow, 1905 Goda street, building 25

What are the deadlines for reviewing a complaint?

On the Moscow Parking website, in the corresponding section, as of February 17, 2017, it was published the following information, we quote:

A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint (Administrative Code Article 30.5).
Based on the results of the consideration, a copy of the decision on the decision on the administrative offense is sent to the Applicant’s postal address within three days.
In accordance with Article 30.9 of the Code of Administrative Offenses of the Russian Federation, the decision of an official on a complaint against a decision in a case of an administrative offense can be appealed in court at the place where the offense was committed within 10 days from the date of delivery or receipt of a copy of the decision.