The problem of how to appeal a parking ticket in Moscow is faced by many motorists. The road situation in the capital is not simple: there are few places where you can legally leave your car, even in paid parking lots. Opportunity to park by the rules for free is very small. At the same time, it is worth noting that recently traffic police officers have intensified, fining violators. In this situation, they often go too far, making decisions illegally. In this article we will tell you what the procedure for appealing against their actions is, what is the time limit for this, what documents you will need to provide.
Complaint Deadlines
It is necessary to know the procedure that helps appeal the parking ticket in Moscow if you are faced with a situation where the actions of road inspectors were not completely objective or even contradicted the existing legislation. Therefore, if you think that you parked in accordance with all the rules, and the fine still arrived, you need to appeal it.
This must be done as quickly as possible. By law, the period is limited to 10 days from the date you receive the relevant resolution on the violation. As a rule, he is handed immediately after the consideration of the case.
If the violation was not recorded at the scene of the incident by the road inspector, but with the help of an automatic fixation camera, the period is counted from the moment you receive the decision.
There is a specific procedure for appealing a parking ticket in Moscow. To prove your case, you will need to provide evidence on the basis of which you believe that you acted according to the rules, and the traffic police did not.
If the appeal period has passed, you should not despair. Together with the complaint, in this case, it will be necessary to file an application for the restoration of the deadline for appeal. The deadline can be restored if you missed the moment of appeal for a good reason. For example, were on vacation, on a business trip or on sick leave.
In this case, you must specify the name of the authority to which the document is submitted, the number of the decision, the date, as well as the arguments on the basis of which you can prove the legitimacy of your claims.
Review
The complaint is considered within 10 days. However, the decision to be made is not final. It can be challenged in the traffic police or in court.
It’s worth knowing how to appeal a parking ticket in Moscow. Immediately, we note that the consideration of a complaint in the traffic police rarely turns out to be productive, since it takes place without the participation of the driver. The accused does not have the opportunity to present evidence of his innocence, which may be additional video materials, testimonies of witnesses.
Because of this, many motorists, even understanding how to appeal a parking ticket in Moscow, do not spend time on this, but immediately file an application with the court. In this case, the complaint is mandatory considered at the place of the offense. If you were fined when you were in another city, then you will have to return to court proceedings there again. Each specific address refers to a specific court. The State Automated System of the Russian Federation “Justice” can guide you in this matter.
In court, a complaint is considered up to two months from the receipt of documents. The judge parses the case from the very beginning, ignoring the findings of the lower court, if any, as well as the traffic police.
In order to effectively appeal the traffic police fine for parking in Moscow, you will need to point out the procedural violations committed during the initial consideration of this case. For example, you may have encountered a refusal to attach evidence to the case file, and you were inadequately notified of the consideration of the case.
Evidence
In the case of new evidence, they should also be attached to the case. It is imperative that all eyewitnesses of the incident who agree to appear in court be recorded. Appealing a fine for parking in Moscow is effective when you are faced with a situation in which the inspector forbids you to enter witnesses in the minutes. Police officers can often claim that only law enforcement officers have the right to do so. This is an illegal ban.
Signature in the protocol
Separately, it is worth noting the signature in the protocol, which may affect the appeal of the parking ticket in Moscow. Many believe that if the car owner signs the protocol, then he agrees with the violation. In reality, this is not so. The signature of the driver is only confirmation that he has read the contents of the document, his data is recorded correctly, and he received a copy of the protocol.
You can directly indicate in the protocol that you do not agree with the violation. But even if you didn’t do such a registry and disagree with the fine, you can still sign the protocol. Moreover, in the column "Explanation of the violator" you must justify your arguments. For example, you can indicate your objections by pointing out the illegal actions of the traffic police.
Do not despair even if the court did not stand on your side. You can appeal the decision to a higher court by filing a corresponding complaint. In this case, it is necessary to back up your position with incontrovertible evidence, otherwise, just waste your nerves, time and money.
Payment of fines
The offender is given 60 days to pay the fine. Moreover, if you pay the violation in the first 20 days, you will receive a discount of 50%. In this way, government authorities urge not to delay the payment of fines, doing everything on time.
Most often punished for parking on the lawn. In this case, you will need to pay 5,000 rubles, for violation of the rules of stopping and parking - a fine from 2,500 to 5,000 rubles. The penalty for non-payment of parking is 2,500 rubles.
The law on the payment of half the amount of the administrative fine does not apply to fines imposed for committing the offenses provided for in subsection 2 of Article 8.14 of the Administrative Code of Moscow (“Non-payment for placing a vehicle in a paid city parking lot”). Such fines must be paid in full.
If you are late in payment, the fine will double. The bailiffs will enter the case. For the violator, this is fraught with administrative arrest, seizure of property and cash. He may be prohibited from traveling abroad.
You can pay the fine at any bank and on the website of the Moscow Mayor. The fine for unpaid parking is also accepted in the Moscow Parkings mobile application.
Complaint
If you do not agree with the fine, then you need to start the appeal procedure for the parking ticket in Moscow. According to the model in the heading of the document indicate the driver’s data: last name, first name and patronymic, phone, address, email. The text should contain the number of the decision and the date.
The following describes all the reasons why you consider the order illegal. For example, parking was paid, and payment took place only after a quarter of an hour, and you were fined.
You attach documents to the application that may be evidence of your innocence. This can be a scan of SMS, a printout from a mobile operator, by which you can restore the exact time of sending a message. Sign and date.
You should know where to appeal the penalty for parking in Moscow. It is necessary to send documents to GKU "Administrator of the Moscow parking space." There you can appeal the penalty for parking in Moscow. Organization address: 3, Odoevsky passage.
This can be done remotely. There are several options for appealing a parking ticket in Moscow. For example, through the official portal of the Moscow government. Recently, residents of the capital can appeal fines for parking on the website of Mayor Sergei Sobyanin. In this case, we are talking about the decisions issued by the State Public Institution AMPP and the Moscow Administrative Road Inspectorate.
Parking problems
Recently, the practice of appealing a fine for unpaid parking in Moscow has been widespread. There are many ways to prove your case.
For example, the prohibitory sign in this place could be completely absent. Then you could not know that parking is prohibited in this place. As evidence, a photo or video will help, which confirms that the sign is actually missing. In this case, you will have undeniable evidence of your innocence. Then all charges must be dropped.
Also, you might not have considered the sign due to poor visibility. For example, it could be hidden behind branches. This is considered sufficient reason to justify the offender. Knowing where to appeal the penalty for parking in Moscow, you can prove that you could not see the sign by presenting a photo or video. All these nuances are indicated in the statement.
Often, parking orders are disputed if they were made in error. For example, the document contains the state number of the car that does not belong to you. There are situations when the photograph from the video recording camera, which is attached to the violation protocol, shows that the traffic rules were not violated.
The penalty for parking or stopping in the wrong place is appealed if the car was stopped. For example, this could be due to the technical condition of the vehicle or the health status of the driver. In this situation, as evidence, you will need to attach documents on the evacuation of the car, a certificate of your illness or hospitalization.
In all cases, the following documents must be attached to the application:
- complaint
- copy of the decision;
- a motion in which you request that the deadline for appeal be restored if it has expired;
- photos, recording from the DVR, testimony of witnesses.
When should not be fined
Remember that if you need it urgently, you can stop anywhere by setting the appropriate sign and turning on the alarms. Also, you do not violate the rules of the road if you stop for a couple of minutes in the wrong place to drop off a passenger. In this case, the driver must remain in the cabin. Then the violation will not be recorded.
In some situations, a motorist is fined when he pays for the wrong parking lot. This is a controversial situation, which is still ambiguously interpreted by the courts. It happens that when entering the car number in the parking meter or SMS, the driver is mistaken. Since the required parking remains unpaid, the car owner receives a fine.
Courts often refuse to cancel it on such a basis, but it's still worth a try. At the hearing, it is recommended to appear in person. In such cases, there is a greater chance of a favorable outcome. If the decision is not in your favor, you can appeal it to a higher authority.
At the same time, be prepared that challenging a parking ticket is not easy. This is a time-consuming and time-consuming procedure. Many drivers lose their patience, not finishing the job.
Parking ticket for large families
Particularly the situation in Moscow with parking for large families. A special registry has been created in the capital. After entering it, a large family receives a parking permit. This allows you to park for free on the territory of the municipal district of Moscow where the family lives.
Problems arise due to the fact that until recently, permission was issued for only one year. Now the term has been increased to three years, but this does not allow to completely solve the problem. In addition, the expiration date is not indicated in the registry itself.
Due to the fact that the permit expires, a parking ticket comes, although the family still remains large. In this case, it makes sense to start the appeal procedure for a parking ticket in Moscow with large families.
It can be declared illegal on the basis of a violation of the Code of Administrative Offenses of the Russian Federation. The decision in this case does not contain a reasoned decision on the case. Moreover, evidence must be provided in the document and other case materials on the basis of which a decision on guilt is issued.
Appealing the violation, it should be noted that the permit does not have a validity period for the document. It is logical to assume that it applies to the entire duration of the certificate of a large family. All this, of course, misleads the alleged culprit.
The statement also emphasizes that there is currently no way to park a car near the house. Therefore, it has to be left in different places at a considerable distance from the home, which causes additional inconvenience to the whole family.
A package of documents should be attached to such a statement:
- copy of the passport;
- copy of the certificate of a large family;
- a copy of the notice of entry in the parking register of large families;
- list of decisions on an administrative offense;
- receipt of state duty.
Lawn parking
Often you have to appeal a fine for parking on a lawn in Moscow. To do this, an application should be submitted within 10 days.
In this case, you need to be sure of your innocence. There may be several reasons. In regional laws, different territories can be recognized as a lawn. For example, you can stand on an empty area without grass, but you will still be fined. Check if this place is considered a lawn.
Often, yard areas cannot be recognized as lawns. This can only be done at the initiative of local residents.
In many protocols, parking is used instead of parking. In this case, you can claim that you made only a short stop. The main thing is that there are no witnesses who can argue the opposite.