Since June 1, 2012, the Code of the Russian Federation has been amended to toughen penalties for violating the rules of the traffic police. In particular, the penalty for improper parking was increased. 2013 was a period of “running-in” new amendments that caused widespread dissatisfaction of drivers.
Reasons for tougher penalties
The penalty for improper parking was increased due to the disastrous situation on the roads of the capital. Numerous congestion, provoked, among other things, by cars thrown along the highway, cause indignation among all drivers. Nevertheless, some car owners continue to park their iron horses in violation of the rules, creating obstacles to traffic.
That is why it was decided to increase ten times the amount of the fine for those traffic violations that provoke congestion. Thus, the authorities hoped to unload the roads at least a little and provide greater traffic. At the same time, in Moscow it was planned to build a number of parking lots with a total area of 1.5 million car spaces.
The penalty for improper parking in Moscow
Not so long ago, the amount of punishment for an improperly parked car was only 300 rubles. Unpleasant, of course, but not fatal. Such a fine caused negative emotions rather by the fact of its existence (by the fact that the driver must go somewhere to pay it) than by the upcoming financial losses.
However, the situation has now changed. The penalty for improper parking in Moscow is from 1.5 to 5 thousand rubles. One and a half thousand will be paid by those car owners who committed common violations, such as parking on site for disabled people, not marked up or parking in the yard incorrectly . A fine of 2.5 thousand rubles. write out to everyone who did not pay for their stay in paid places or violated the order of making money. And finally, a fine of 5 thousand rubles. threatens for trying to cheat: hide or remove numbers so that the car owner could not be calculated.
Scam tricks
The first thing to do when receiving a receipt is to make sure that this is not another trick by which criminals try to get money from law-abiding citizens.
First you need to check the information located in the Center for Traffic Management or on the DPC website. Here you can learn how to distinguish a fake from a real receipt.
This receipt should contain two photos of the car: a general plan, which shows what exactly the violation consists in, and a close-up of the car number in the same perspective. In addition, the address where the violation of the parking rules was recorded should be indicated .
However, the mentioned photos and address are pretty easy to fake. With today's development of technology, almost everyone has a camera and a printer for printing a fake form. Therefore, for complete confidence in the authenticity of the document, you need to carefully study the details. You can verify accounts by numbers: the figures of the budget account differ from the figures of the account of a legal or private person. But the easiest way is to compare these details with the official ones that are listed on the site.
Penalty for improper parking in urban areas and in private parking
Upon receipt of a receipt for the payment of a fine, it is necessary to find out for which offense it was received. For example, for a long stop on a paid city territory, a receipt is issued to the owner of the car. The city authorities are not obliged to prove who exactly was driving, and if the penalty was not paid within the specified time, the decision on recovery is sent to the bailiff. A penalty is charged for late payments, and the authorities will nevertheless claim the necessary amount from you, even by seizing personal property and a bank account.
In case of non-payment for parking in a private parking lot, the penalty may be charged only to the driver who was driving at that moment. That is, before collecting funds, it is necessary to accurately establish the person who drove the vehicle. Although the receipt for payment is sent to the owner of the car.
Collection upon non-payment of private parking is carried out through collection companies or through a court. As a rule, in the latter case a penalty is assigned. However there is
the opportunity to appeal the court decision, if not completely, then, in any case, to reduce the amount of payment. Putting the car in private parking, the driver enters into an oral contract for the provision of services with the owner of the said facility (or its representative) . In this case, the client must be provided with complete information about the cost of the car space and the amount of the penalty. As a rule, these data are written on the shield when entering the territory. And if the information is not clearly indicated, is interpreted ambiguously or is completely absent, this may lead the court to the benefit of the car owner.
Where to find out about the fine
You can find out all your unpaid fines in a single electronic traffic police database. To do this, you only need to enter the number of your driver’s license into the system. Still similar information is provided on the Gosuslugi portal.
The main problem is that the electronic databases are not updated very quickly, and the driver may delay the payment of the fine.
One of the main ways to find out about punishment is regular mail. Each violator receives a letter stating detailed information about the offense and the timing of payment.
Is it possible not to pay traffic police fines for improper parking?
The fine can be appealed within 10 days from the date of its discharge, and if the car owner was refused, then it must be paid within thirty days. If this is not done, then in court you can increase the amount claimed, and also award a very real term - up to 15 days.
Therefore, if you do not want to pay a fine for improper parking, you need to back up your unwillingness with an appropriate court decision. Most lawyers agree that it is difficult to win such a case in court, but, in principle, it is possible. But most often, the car owner does not win due to irrefutable evidence of his innocence (photos and videos are usually interpreted in favor of the traffic police), but due to violations of the protocol procedure: the time, date or place are incorrectly indicated, etc.
In addition, to appeal to the court you need to collect all the necessary documents and correctly draw up a statement, so the help of an intelligent lawyer will be required. And the services of such a specialist cost much more than the amount of the fine. So in court you will have to defend not money, but only your principles.
How to appeal a parking ticket
Nevertheless, sometimes it is worth fighting for your rights. Here is an example (by the way, quite common): a car stands in one place, and a car with a registrar passes by several times. Accordingly, you receive several receipts for one offense.
In order to challenge the penalty for improper parking, you must collect photo materials confirming your words, write a complaint and send all materials to the traffic police. If the evidence is convincing, you will be canceled a fine.
If the requirements for the abolition of punishment were not satisfied, you can go to court.
Did the situation improve after tougher sentences
As practice shows, no matter how much you increase the penalty for improper parking, this does not affect the situation on the roads. Here it is now. Drivers didn’t drive better or park better. Experts predicted a similar development of the situation even before the adoption of the amendments, since this result was quite predictable. Why is this happening?
Firstly, little time has passed for the new system to work. And the matter is not only in technical matters; it is necessary that the drivers have a clear understanding that a serious punishment will follow for breaking the rules.
Secondly, the whole system is in doubt, due to the fact that it so far does not work everywhere and not in full force. Simply put, there is no principle of the inevitability of punishment, which means that drivers still rely on what "will carry today."
And yet: pay or not pay?
Pay or not pay a parking ticket? Of course, if it is written out lawfully, then it must be repaid. And if the driver is 100% sure that he did not commit any offenses? Lawyers recommend that in a similar situation, seek help from justice, and today there are cases when the court takes the side of the car owner.
However, those people who have already encountered a similar problem admit that an incredible amount of time and effort is spent on it. We have to collect documents, attend meetings that can be rescheduled, and therefore be asked to leave work, spend money on trips around the city, etc. It turns out that sometimes it is cheaper to pay an illegally written fine than to prove your case in court.
One can only hope that in the future the situation will change for the better: drivers will park only according to the rules, and unit fines will be issued legally.