According to 2014 statistics, every fifth fine for illegal parking in Russia was appealed. This fact indicates a large number of incorrectly written decisions. If you have become a “victim” of penalties for illegal parking, but are completely confident that you are right, challenge the actions of the traffic police officers and the decision they made. We'll look at how to do this in the article.
legal information
All sanctions applied to parking violators are strictly regulated by Chapter 12 of the Code of Administrative Offenses (hereinafter referred to as the Code of Administrative Offences). The cost of the fine depends on the specific case, for example:
- ignoring prohibiting stop and parking signs – 1500 rub. (Clause 4 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation);
- stopping on the sidewalk – 1000 rub. (Clause 3 of Article 12.19 of the Administrative Code);
- Unreasonable parking in places marked “for disabled people” - 5,000 rubles. (clause 2 of article 12.19);
- non-payment for private parking or fraudulent actions associated with evading it (removing a number, etc.) – up to 2500 rubles;
- other.
Federal cities (Moscow, St. Petersburg) are subject to separate, tougher fines. All penalties from their residents will be made in double the amount of penalties adopted for the regions (clause 5 of article 12.16 and clauses 5 and 6 of article 12.19 of the Administrative Code).
Prices and types of fines are shown in the figures below.
Reasons for sanctions
The reason for a motorist to receive a fine can be a variety of situations: ignorance of the rules for temporary placement of a car, expensive parking spaces, or an erroneously issued order. The problem of receiving an unfair penalty for parking is especially relevant for Moscow residents. They are the ones who most often find themselves in the following conditions:
- become victims of unlawful actions of traffic police inspectors;
- for one offense several fines are issued with a time difference;
- there is no full-fledged official confirmation of the offense itself (photos, etc.).
Deadlines for appeal
Article 30.3 of the Code of Administrative Offenses sets a 10-day period for challenging fines for illegal parking. It begins from the moment you receive the decision. If there are good reasons for missing the deadline, it can be restored by filing an appropriate petition.
Procedure
You can cancel the decision of the traffic police by contacting the traffic police service or a judicial authority. In the first case, a complaint is filed, and the second involves filing a claim to cancel an unlawful parking sanction. So, if you have been issued an order to pay a fine, follow this procedure to appeal it:
- Use photographic equipment to record the parking location and the absence of prohibitory signs. If there are any, provide evidence that they were not placed in plain sight (hidden by foliage or located at the entrance from another alley).
- Prepare a package of documents:
- passport;
- a copy of the contested decision;
- claim for sanctions;
- a request to consider the appeal in the absence of the applicant;
- application for restoration of the missed deadline (if necessary);
- materials proving your case (video, photos, etc.).
- Please contact the traffic police with the specified documents. It can be done:
- personally;
- send a request by mail;
- send a complaint through the electronic reception of the road inspection.
Download from our website:
Unpaid parking
If you are fined for failure to pay for private parking, going to the police or traffic police will not help. These authorities do not issue such fines and, accordingly, do not consider complaints against them. In this case, visit the State Public Institution “Administrator of the Moscow Parking Space” and follow the claim procedure described above. You can send a complaint remotely - to email address a [email protected] or use postal services.
Samples of such documents are provided below:
State Traffic Inspectorate employees are required to consider your complaint within ten days (Article 30.5 of the Administrative Code). If, following an appeal, a decision is issued to leave the fine unchanged, then you have every right to appeal such a decision in court.