According to statistics of 2014, each fifth penalty for the wrong parking in Russia was appealed. This fact speaks about the big number of incorrectly written orders. If you have become a "victim" of penalties for illegal parking, but completely confident in its rightness - challenges the actions of the traffic police and the resolution made them. How to do this, consider in the article.
legal information
All sanctions applied to parking violators are strictly regulated. 12 head of the Code of Administrative Offenses (hereinafter - COAP). The cost of the fine depends on the specific case, for example:
- ignoring the prohibitive signs of stopping and parking - 1500 p. ( clause 4 of Article 12.16 of the Administrative Code);
- stop on the sidewalk - 1000 r. ( p.3 art. 12.19 Administrative Code);
- unreasonable parking in places marked "for disabled" - 5000 p. ( p.2 st. 12.19);
- non-payment of private parking or associated fraudulent action (removal of the room, etc.) - up to 2500 p;
- other.
Federal cities (Moscow, St. Petersburg) are highlighted by separate tightened fines. From their inhabitants, all recovery will be made in a double amount from punishments adopted for regions ( p.5 of Article 12.16. and p.5 and 6 Art. 12.19 Administrative Code).
Rates and types of fines are shown in the drawings below.
Causes of sanctions
The most different situation may become a reason for receiving a motorist: ignorance of the rules of temporary placement of cars, expensive parking spaces or a mistakenly written resolution. The problem with obtaining unfair punishment for parking is particularly relevant for Moscow residents. They are most often in such conditions:
- become victims of illegal actions of DPS inspectors;
- one offense is discharged by several fines with time difference;
- there are no full-fledged official confirmations to the offense himself (photos, etc.).
Dates of appeal
On challenging penal receipts for irregular parking article 30.3 of the Administrative Code Defined 10 days. It begins from the moment of receipt by the hands of the decision. If there is a good reason for skipping, it can be restored by filing an appropriate application.
Procedure
You can cancel the resolution of the auto inspection by contacting the traffic police service or judicial authority. In the first case, the complaint is drawn up, and the second implies the submission of a claim for the cancellation of unlawful sanction for parking. So, if you were written by a decision to pay a fine, to appeal to adhere to such an action algorithm:
- Fix the parking space using the camera with the camera, as well as the lack of prohibiting signs. If any, provide evidence that they were not posted in accessible visibility (hidden by foliage or were at the entrance from another lecture).
- Prepare a package of documents:
- passport;
- a copy of the contested ruling;
- claim for the imposed sanctions;
- a request to consider appeal in the absence of the applicant;
- application for restoring the missed deadline (if necessary);
- materials proving your rightness (video, photo, etc.).
- Contact the specified documents to the traffic police service. It can be done:
- personally;
- send request by mail;
- send a complaint electronic reception Road inspection.
Download on our site:
- Claim for the Resolution of the Employee of the Avtospace for Incorrect Parking;
- An example of a claim for a resolution of an employee of the auto inspection for irregular parking;
- Complaint of the court to the resolution of the traffic police;
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- Typical statement about the consideration of the claim without personal presence;
- An example of a claim for consideration of the claim without personal presence.
Unpaid parking
If you were fined for non-payment of a private parking - a campaign to the police or traffic police will not help. These instances do not prescribe such fines, and accordingly, do not consider complaints about them. In this case, visit the GKU "Administrator of the Moscow Parking space" and follow the complaint procedure described above. You can send a complaint remotely - to the empp-zhanoba@transport.mos.ru email address or use mail services.
Samples of such documents are provided below:
- Blank claim for a decree for unpaid parking;
- Sample claim for unpaid parking;
- An application form for the restoration of the appeal period (non-payment of parking);
- An example of a petition for the restoration of the appeal period (non-payment of parking).
Employees of the traffic police are required to consider your complaint within ten days ( article 30.5 COAP). If it is written on the decision to leave a fine without change, then you have the full right to appeal such a decision in the judicial instance.
Sent Straf for the parking lot allegedly on the sidewalk. And I stood on the road part of the width of meters eight for the sign "Vinar in a residential area", where neither borders nor the lawns. How to prove that the residential area is not a sidewalk