Today, when almost most of the population has its own cars, an acute and sick question arose, where and how to park. Moreover, it began to concern not only large megacities, but also small settlements. To resolve the issue and reducing the spinning of vehicles of territories intended for the movement of transport and pedestrians, legislation in the field road I installed a lot of provisions regarding the order of parking.
The rules also approved the attraction of violators of the norms to administrative responsibility. But it turns out that the parking penalty is not always fair, and there are options for its appeal.
Where can I park?
Parkovka is the action of the driver to bring his vehicle In a fixed position in the installed place at a certain time. The definition of the concept reports that it is not possible to park everywhere, but, it means that there are restrictions, where to make such a maneuver cannot be categorically impossible. Road legislation includes the following prohibited sites For car parking:
- less than five meters from the pedestrian crossing;
- in places where transport will close access other road users to traffic signals;
- less than fifteen meters from passenger stops;
- less than fifty meters from railway crossings;
- in areas where railway moving, tramways and tunnels are located;
- on the territory of the roadway in conditions of limited visibility;
- in the intersection of roads;
- in places location of signs 3.27 and 3.28;
- on the tracks where there is a sign 2.1.
Despite the fact that many consider a package by simple maneuver, it is important remember several nuances:
- Parking of vehicles is fully regulated by traffic rules.
- Some characteristics of parking are established by regional peculiarities in the field of road traffic.
- It is important to show respect for all participants in the road and therefore even the unlapped rules.
Fine for irregular parking
Fine size The Parking establishes the COAP of the Russian Federation and depends, above all, from the place where the wrong parking is made:
- Stop on the sidewalks and near pedestrian crossings. It is considered a violation even when arriving on a prohibited territory with one wheel. In the cities of federal significance is punished with a fine 3000 rubles, in the rest of the settlements - 1000 rubles.
- Parking in places provided for disabled. In the absence of an appropriate sign on the car and confirming the disability of documents a penalty is charged 3000-5000 rubles.
- Temporary parking at public transport stops is fined 3000 rubles. If you can park within 15 meters from stops, even with forced circumstances, then the punishment is discharged in 1000 rubles.
- Parking by the second nearby, as well as moving along the pedestrian paths punishable 2000 rubles.
- Parking on lawns does not have a clearly defined amount of punishment at the national level, the magnitude of the fine is determined by local legislation.
- Special attention is paid to the issue of parking in the courtyards of residential buildings, since traffic rules prohibits it a number of transport:
- machines whose engine is in working condition for more than five minutes, except for the point of landing or disembarking passengers, as well as loading things;
- trucks that weigh more than 3.5 tons and not providing passenger places;
- vehicles driven by lawns and sidewalks without a special sign;
For violation of parking rules in the residential area, fines are provided in federal cities - 3000 rubles, and in other settlements - 1500 rubles.
How to challenge a parking penalty?
Very often there are situations when the parking penalty is discharged illegal. Therefore, most drivers are interested in the process of appeal, because many traffic police officers attribute an administrative offense without visible reasons. In addition, one of the punishable fines can be the second per day that the law is forbidden and it is simply necessary to appeal.
To appeal the penalty for parking in the wrong place will require a number certain actions and collecting confirmation documentation. First of all, you need evidence base injustice I. written complaint. If you do the entire procedure competently, you can expect positive results.
Dates of appeal
Order application administrative sanctions The wrong parking is regulated by the CACAP.
In the same legislative act discussed the timing of the appeal of the fines. Article 30.3 of the Code examines several nuances of setting deadlines:
- Challenging penal receipts is carried out for ten days. The countdown is conducted from the date of statement of the decision.
- When the dispute period is missing, it can be extended by officials by the applicant's petition.
Procedure
To apply for the cancellation of a decision on administrative punishment in a judicial area or the Division of the traffic police. At the same time, the forms of submission of applications will be varied: claim or written complaint On the misunderstanding of sanctions.
The procedure for appealing the penalty for parking depends on the chosen organ of circulation. Initially, it is more convenient to apply for challenging to the inspection staff. This will require compliance with the following algorithm of actions:
- Collecting evidence base illegality of punishment. An important accounted circumstance is considered to have pictures of parking space and lack of prohibiting signs. Special attention is paid to places with poor visibility of signs.
- The required required documentation, including complaint and documents with personal data.
- Implemented appeal to the inspection With the presentation of selected documents. It can be done:
- personally;
- by registered mail with the description;
- in the electronic receiving traffic police.
Required package of documents
Turning to challenging the penalties for parking in the wrong place, it is important to be firmly confident in its innocence and to have real evidence. In addition, it is necessary to possess knowledge in road legislation so that appropriate excerpts from traffic rules can be presented.
Appeal to the State Road Inspection is accompanied by presentation necessary documentation:
- passport of a citizen of the Russian Federation;
- a copy of the decision of the traffic police officer;
- a complaint against the misunderstanding of administrative punishment;
- a petition to revise the timing of challenging, in case of their violation;
- with a special need for a statement of consideration of the applicant's absence;
- pictures and other types of materials that are proof of the rule of parking.
Documents are submitted by a complete package to the inspection when directly referred or scanned to a special email address. The rate of consideration of the complaint - three days.
How to win the case?
A complaint against the traffic police can be considered longer in terms of timing, up to ten days. But, the decision made by it is not counted in the ranks of final. The fact is that whatever conclusion did the inspector, it can be challenged through the court and further, with the higher authorities.
Benefits judicial decision Over disputes in the traffic police:
- the application is considered with the applicant's participation;
- all the legally obtained evidences are taken into account;
- the statement of claim is legally stronger than a written complaint.
As a result of the poor-quality process of appealing sanctions in the traffic police, most of the rulings do not lose its strength and continues to act after challenge. Therefore, when unwillingly, it is wrong to pay money will have to go to court, which can be done immediately, bypassing the inspection.
The court does not take into account the decisions of the previous bodies and considers the case with a pure sheet. Accordingly, significantly increases the ability to provide its evidence, and win the case. The claim itself is considered by the court employees during two months.
Tips for lawyers on appealing fines for parking
The question of the legitimacy of penalties for parking in prohibited places today is one of the popular disputes topics. Heavy cases are very often found when it is necessary to call for competent lawyers for the effectiveness of a positive decision on appeal. The following presented several Soviets of specialists:
- Who discharges a penalty for parking on the lawn? To date, the powers of sanctions for the wrong stop on lawns have been withdrawn from the traffic police and police officers, only employees of the municipalities have the right to administrative punishment.
- Is it possible to remove the car on which the unpaid penalty is discharged for parking? Registration operations with vehicles are not related to penalty debt. It is important to be attentive, many inspection employees use ignorance and forcing the debate to pay for receipts.
- Receipt came to pay the penalty for parking in the wrong place. What to do? Do not rush to pay. It is necessary to verify the authenticity of the payment document, which should contain pictures of the machine in different positions confirming the wrongness of parking, registration number, parking place and payment details.
- If a day is discharged several penalties for parking in the wrong place and all of them are legitimate. How many receipts will have to pay? Payments depend on the first letter discharged. Apply a few identical sanctions to the car owner in one day can not.
- Is it possible to challenge a fine for incorrect parking if the ruling is written to the errors? For example, decorated in two structures: a photo of one, and the resolution of another. Lawyers advise in this case to appeal the sanction in accordance with Article 30.2 of the Administrative Code.
Today, thanks to modern technologies, you can see the presence and size of administrative punishment for parking in the wrong place on the Internet, as well as appealing its illegality using a special electronic service. Also on the pages of individual sites, many lawyers are ready to provide answers to a variety of questions regarding appealing the legality of a fine for parking online.
Many car owners are interested in how to appeal the RESOLUTION of AMPP and where to appeal the Resolution of the AMPC GKU.
Previously, we have already published an article about the fact that the penalty for the wrong parking will not pay half will not work, but in this article we will tell about how to appeal the decision of the GCU AMPP.
Of course, all challenge fines for unpaid parking (Penalty of GKU "AMPP", 2500 rubles) will not work, but it happens so that the fines are not always legitimate.
How to appeal the Resolution of the AMPC GKU?
Complaint against the decision on the case of administrative offense;
In the case of passing the foregoing for the appeal, it is necessary to write a petition for the restoration of the missed time of appeal against the administrative offense. (A complaint against the decision in the case of an administrative offense can be filed within 10 days (COAMA Article 30.3) from the date of the presentation or receipt of a copy of the decision);
Additional materials as desired: a copy of the ruling on both sides; Copy of parking payment receipt; Checks; Screenshots of SMS; Payment details; a copy of the receipt of payment of the subscription / making of the resident fee; copy of the mail envelope; Copy of notifications about obtaining preferential resolution, etc.
Where to appeal the decision of the AMP
To appeal to the Resolution of the GKU AMPP, it is necessary to download and fill out a sample complaint about the decree on an administrative offense. The sample of the complaint could be downloaded on the Moscow Parking website, after which it must be filled and sign my own.
Where to appeal the resolution of GKU AMPP?
After filling out the appropriate complaint against the decision of the State GKU AMPP, it can be sent by one of the three ways:
Send a complaint via the Internet:
Such a complaint about the decree on an administrative offense, it is possible to submit remotely through a single transport portal (Transport.mos.ru) and Avtokod.mos.ru).
Send a complaint via mail:
The complaint about the decree on an administrative offense can be sent with the help of Russian Post at the address: ul. Skakovaya, d.19, Moscow, 125040, the state institution of the city of Moscow "Administrator of Moscow Parking space"
Send a complaint personally:
The complaint about the decree on an administrative offense can be sent personally to the receiving clock (daily from 8.00 to 20.00.) At the following addresses:
moscow, Streary Basmannaya Street, House 20, Corpus 1 or Moscow, 1905 Street, House 25
What are the terms of consideration of the complaint?
On the website of Moscow Parking, in the relevant section, as of February 17, 2017, the following information was published by quoting:
A complaint against the decision on the case of an administrative offense is subject to consideration on a ten-day period from the date of its receipt with all materials of the case into an authority, an official person to consider the complaint (CACAP Article 30.5).
According to the results of consideration, within the three-day term, a copy of the decision on the decree on an administrative offense is directed to the postal address.
In accordance with Article 30.9 of the Administrative Code of the Russian Federation officer According to the complaint against the decision on an administrative offense case, it may be appealed in court at the place of an offenses within 10 days from the date of delivery or receiving a copy of the decision.
Parking rules in major cities suggest a serious list of restrictions with which drivers are not always familiar. This leads to an impressive fines, but in a number of situations drivers face an unlawful imposition of a fine. Appeal of a fine for parking bursts save from 1 to 5 thousand rubles - Depends on the type of offense, for which a fine was submitted.
In what situations you can challenge a penalty for parking
The challenge of the parking fines is permissible only in some cases - employee errors when fixing the violation or incorrect designation of parking space. Appeal Parking The driver has the opportunity in the following cases:
- incorrect installation of signs: There is only one of the signs - "Parking" (6.4) or "Paid Services" (8.8);
- there is no marking of parking spaces;
- a letter with a receipt for payment of a fine was formed;
- in photographic or video confixation of the offense, employees were made by mistakes;
- there was good reasons for the stop in the wrong place that the driver would confirm documented.
Where to appeal to appeal the penalty for parking
Deliption in the trial of the penalty for parking that is three ways: personally(To do this, you need to know the address of the GKU Parking space administrator), sending required documents by mail to the address of the division as well remotely.
It is important to do it in a period of up to ten days from the date of receipt of the notice of the penalty for parking, after this time, it is impossible to file an appeal. The appeal statement must specify:
How to learn about fines without leaving home
Drivers have the opportunity to check the availability of unpaid fines by driver's license And without it online. Read more, how to do it - read.
- the name of the traffic police department, which was issued an act of violation of parking rules;
- information about the driver;
- copy of the disposal of the traffic police about the parking penalty;
- the reasons for which the driver disputes the penalty for parking;
- the list of confirmations of the specified reason for the appeal of the fine, auxiliary materials.
A claim to appeal against a fine for unpaid parking is considered by the Office within ten days from the date of its receipt to the device. According to the results of consideration, the agency during the three-day period should be sent to the driver's address a photocopy of the solution, and the fine penalty will be removed from the driver.
Many Muscovites have repeatedly asked what instance can be applied to challenging the penalty for violating the parking rules in the zone of paid parking. The familiar algorithm for all car owners is an appeal to the traffic police - in this situation it turns out to be completely useless.
The case that occurred with Ivan, in some way special. The fact is that the intruder and our reader the machine is the same brands.
"Cameras in parking are made of two pictures, which are then used when writing out a fine. One of these pictures is panoramic, it captures the brand of car and its appearance to avoid mistakes. On the other - the car number," said Anastasia.
So, in what instance you can contact - now it is clear. But how to do that?
The penalty for unpaid parking is 2500 rubles. In order to challenge the fine, you must provide a few documents in the GKU "Administrator of the Moscow Parking Space". First of all, you need to make a complaint about the decision on an administrative offense case. How to fill it, you can see. The complaint needs to make a copy of the ruling (from two sides) and the personally signed declaration of complaints without personal presence.
The complaint can be submitted within 10 days from the date of receipt of a copy of the decision. But if the term has already been released, nothing else is lost for the driver. You just need to write a petition for the restoration of the missed time of appeal against the administrative offense. It must be signed.
Additional materials are applied to the letter: checks, receipts, description of the case and copy of the mail envelope.
Inspectors patrol the zone of paid parking
You can send the collected documents "Administrator of the Moscow Parking space" by three ways: by email (on [Email Protected]), mail (at the address: ul. Skakovaya, D.19, Moscow, 125040, the state official institution of the city of Moscow "Administrator of Moscow parking space") or to give personally (ul. Skakova, D.19, entrance 2, 1st floor, come You can date on Tuesday or Thursday from 8.00 to 17.00).
Three days later, we must inform about the results of consideration of the application.
Note that you can pay a penalty for violation of the parking rules in any bank.
Vasily Macagon
Appeal the penalty for parking in Moscow in the administrative and judicial order. The main option is administrative (traffic police, Madi, AMP), which involves the passage of a faster and simple procedure. The filing of the complaint against the court is carried out if it is not possible to achieve the desired in specialized instances or the term of appeal has expired and on this basis the complaint refused.
Parking rules violations include:
- violation of road signs / markup requirements;
- parking on the sidewalk or lawn;
- parking in the area for the disabled in violation of the established rules;
- parking at the public transport stop;
- parking "Second Near";
- parking on the lawn;
- unpaid parking.
Who discharged a fine - can be installed according to the first digits in the issue of the decision (Win in the receipt). The measures of the traffic police begins with "188", Madi - with "035604" or "782", and AMPP - with "0355" or "780".
Administrative order
The procedure for appealing the penalty for parking depends on which instance made a decision. In Moscow, traffic police, Madi and AMPP are endowed with authority to attract administrative responsibility for violations of parking rules.
General rules:
- The appeal is given 10 days from the date of delivery / obtaining a resolution.
- If the term appeal has expired, but you have good reasons for delay, together with the complaint, it is necessary to prepare a petition for the recovery of the term and justify its request.
- The complaint is prepared in writing and can be directed to the appropriate instance personally, by mail or, in some cases, remotely.
- For a successful appeal, it is necessary to prove the lack of violation or lack of guilt in violation, so the complaint is made by the relevant documents and join, if there is, video materials.
- The decision on the complaint is accepted within 10 days from the receipt of documents.
Traffic police
To appeal a fine, discharged by the traffic police, it is necessary:
- Personally bring a complaint or send it by mail at: Moscow, Sadovaya-Safety, d. 1 (traffic police department of the Ministry of Internal Affairs of Russia in Moscow, Tsafap ODD Traffic police of the Ministry of Internal Affairs).
- Contact a complaint through the traffic police site by using the appeal service. Remote appeal is possible only with an electronic signature and subject to loading complaints and applications in the form of separate documents.
AMP
The institution attracts responsibility for unpaid parking. Appeal the penalty for parking in Moscow 2500 rubles can be:
- Remotely:
- on a single transport portal through the service of appeals;
- on the Avtocode portal through the calls to AMPP.
- By sending a complaint by mail at Moscow, ul. Skakova, d.19.
- Personally submitting a complaint during working hours (8-20 hours) at:
- ul. Old Basmannaya, House 20, Corpus 1;
- or ul. 1905, house 25.
Madi.
Road inspection issues fines for violating parking / stop rules (3000 rubles). Complaints can be sent:
- Personally or by mail at the address: Moscow, Calanechevskaya Street, d. 49
- On the car portal through the service of calls to Madi.
Nuances of preparation of the complaint
The standard procedure provides for the following:
- Drawing up a written complaint against the decision on attracting administrative responsibility. To prepare, it is advisable to use the sample. If the question is very controversial and you need to think about the rationale, it is recommended to use the help of car units. The complaint is necessarily signed by the applicant - the person who is attracted to the responsibility.
- With a 10-day term for appeal, it is necessary to prepare a petition for the recovery. It also does not interfere with the sample petition. The reasons for skipping the deadline must be respectful - for example, finding a business trip, illness, etc. The petition is attached to the complaint and goes to the appropriate instance along with it.
- Preparation of applications to a complaint - documents that will confirm its validity, as well as, if necessary, documents that will confirm the availability of valid causes of passage to appeal.
To the package of documents, it is advisable to apply a copy of the appealed by the decision on bringing to administrative responsibility.
The main focus in the complaint should be done on the illegal or unreasonable imposition of a fine, and in such circumstances that actually prove. In addition, it is possible to challenge the size of a fine if the sanction of the appropriate articles KoP Allows you to assign less punishment than appointed. In this case, it should be referred to the circumstances, mitigating responsibility, or, as an option, for the commission of an offense. These circumstances, of course, require confirmation.
The court appeals when:
- Satisfying the complaints in the traffic police, Madi or AMPs denied.
- The case is extraordinary, controversial and (or) there is a very high probability that the administrative appeal will be useless.
Courts consider cases within 2 months, so to speed up the decision of the issue usually it is necessary to apply to a complaint against the decision in administrative order. The advantage of the trial is the possibility personally and with the help of a lawyer to submit their arguments and evidence, to tell, with which and why you disagree. In court you can refer to the procedural violations that in some cases avoids responsibility even if the violation was on the fact.
Most often reach the court case, related to violation of parking rules (lawn, sidewalk), non-compliance with the requirements of markup, signs, as well as due to problems with the passage of payments for parking and unreasonable claims of public services.
Independent appeal to court - rarity. Usually it is not bad legally savvy people or capable of standing for themselves, having studied the necessary rules and norms. In most cases, court cases are at least at the stage of preparation of complaints and giving instructions to the client.