How to appeal a parking fine in Moscow - procedure and methods

Even car owners who have not violated any rules sometimes receive fines for incorrect or unpaid parking. Employees of the state traffic inspectorate and other departments do not always make objective decisions. In addition, errors sometimes creep into the punishment system, which lead to the fine being given to the wrong amount, for the wrong violation, or to the wrong person.

If you are sure that you did not violate any parking rules, and nevertheless you received a notification about a fine in 2021, you can appeal it to the authority that imposed the penalty or in court. You will learn about the algorithm for filing a complaint in this article.

Normative base

The main document that regulates the rules for parking vehicles and penalties for violating them in 2021 is the Code of Administrative Offenses (CAO RF). It specifies the main amounts of fines and the procedure for their payment. Separately, it would be useful for car owners to familiarize themselves with the following provisions of the code:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

• Chapter 12 of the Code of Administrative Offenses of the Russian Federation - about offenses that allow you to pay only half of the fine;
• part 1.3 of article 32.2 of the Code of Administrative Offenses of the Russian Federation - on payment of half the amount of the penalty;
• paragraph 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation - on the deadlines for appealing illegal parking and other offenses.

Not only traffic police officers, but also some other authorized organizations can impose sanctions for incorrect parking. In the capital, decisions on unpaid parking in a paid parking zone are issued by the State Public Institution "AMPP", and for violating the rules of parking and stopping (under a sign, on the sidewalk, on the lawn) you will receive a fine from the Moscow Traffic Inspectorate (MADI).

Where to file a complaint if you don’t agree?

What organizations can issue a fine? There are three of them in Moscow:

1. “Administrator of the Moscow parking space” - the abbreviation AMPP (or GUK AMPP) is more often used. The only organization dealing with unpaid parking .
2. “Moscow Administrative Road Inspectorate” - MADI (not to be confused with a university that has a similar abbreviation). One of the institutions that imposes fines for illegal parking .
3. Traffic police - this abbreviation hardly requires decoding. However, this unit of the Ministry of Internal Affairs can also issue a fine for violating parking rules .

It is important to know the institution that issued the fine for the upcoming challenge. In order for the request to be considered within the time limits established by law, it must be sent to the exact address of this organization.

Accordingly, the main question is how to determine which institution issued the fine? The easiest way is by UIN number - a unique digital identifier assigned to each fine . You can view it on the administrative violation resolution or receipt. Just look at the first digits of this long number and compare the data with the table:

The exact address details of each institution and methods for filing complaints will be discussed below.

How can I challenge a parking fine?

To appeal a parking fine in 2021, the first thing you should do is find out which organization imposed the penalty - the further algorithm for filing a complaint will depend on this. You can find out by checking the unique accrual identifier - this is a twenty- or twenty-five-digit code on the fine receipt.

If the code starts with the numbers 782 (20-digit code) or 035604 (25-digit code), this is a fine from MADI.

If the code starts with 780 (20 digits) or 0355 (25 digits), this penalty was imposed by the AMPP for unpaid parking. Such receipts are generated automatically.

Codes of fines from the traffic police begin with the numbers 188.

In which court should I challenge it?

Penalties for illegal parking must be challenged in the court located at the place where the offense was committed. It will be indicated on the fine payment receipt issued to you. You need to find the street name and number of the nearest building where you parked illegally, and find the nearest common pleas or magistrate court to that location.

Please note: a legal complaint along with a package of documents must be filed within 10 days from the date of receipt of the “chain letter” with notification of the fine and a receipt for its payment.

On what basis can a decision be canceled?

You will not find a complete list of grounds for canceling a fine. Situations are always individual, so the reasons will differ.

Let's look at common reasons in more detail.

If another person parked

The driver, not the owner of the car, is responsible for parking violations. However, if the violation is recorded on a mobile parking lot camera, the fine will be sent to the owner of the car, and this is absolutely lawful.

What to do? It is necessary to prove that the car was driven by another person, not the owner. That driver must take the blame.

How to prove? Depends on the situation. The complaint can be supported by a copy of the MTPL policy, which contains the full name of the violator. Or attach a copy of the order to send the owner of the car on a business trip - the fact that he could not drive the vehicle during the specified period of time.

It happens that the fine comes after the car is sold to another person. And he did not register her with the traffic police within 10 days. If the new owner parks incorrectly, the decree will be sent not to him, but to the former owner. And he will already knock on the thresholds of the traffic police and the courts with a request to cancel the fines. Evidence: car purchase and sale agreement. Just attach a copy of it to your complaint.

Parking was prohibited, and I made a stop

Stopping and parking are two different concepts, they are different.

If you are stopped in the area covered by sign 3.28 No Parking, there is no violation here. Especially when boarding and disembarking passengers on the right side of the sidewalk. The sent decision can and should be appealed. Photos from the scene of the violation, a panorama of the streets, data from the DVR, and so on are suitable for this.

But if you stop under sign 3.27 Stopping is prohibited, you face a fine under Art. 12.19 of the Code of Administrative Offenses of the Russian Federation, in the amount of 500 rubles (in Moscow and St. Petersburg 3,000 rubles).

Fined 2 times from camera

The same administrative violation cannot be punished twice (Part 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation). Let us explain: when a fine is received for non-compliance with stopping rules from one camera, a repeated fine for the same violation from another camera is impossible. And if you do, you need to dispute it within 10 days.

And immediately the opposite situation occurs. Let's say you parked in a handicapped space in one parking lot, and then did the same thing a couple of blocks later in another parking lot. This is not one, but two different offenses (the place and time are also different). That is, you will receive two fines - 5,000 rubles for the first violation and 5,000 rubles for the second (Part 2 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation).

Unpaid parking

Now in paid parking in Moscow you can leave your car for no more than 5 minutes - if you meet this time and leave, using the parking lot will be free. If you don’t meet the five-minute deadline and don’t make the payment, you will be fined.

But there are also glitches in the payment system. For example, you paid for a service via SMS, but the confirmation message from AMPP arrived late. During the time you waited, you will be considered a violator, and later a “letter of happiness” will arrive in the form of 5,000 rubles - if the violation was in Moscow, 1,000 rubles - in Krasnodar, and so on.

This also includes technical errors with electronics. Mobile parking machines can incorrectly determine the address, time, license plate number and other important parameters. AMPP foot inspectors can also make mistakes, for example, they didn’t read the license plates on the car well. Or you didn’t notice the “Disabled Person” sign under the windshield/rear window of your car.

Such errors and inaccuracies lead to fines - so it is better to appeal them!

There is no lawn here!

And this is the main factor that needs to be emphasized when proving the absence of an offense.

When they cannot issue a fine for a lawn:

• If the site is not included in the “green zones” scheme,
• If you parked on an eco-grid, it protects green spaces from the wheels of parked cars,
• If there is a sign 6.4 “Parking”,
• If procedural violations were committed during the issuance of a fine.

Thus, the Moscow City Court canceled the fine to a female driver for parking on the lawn. It turned out that according to the AIS Registry of Green Spaces scheme, there is no lawn on this site - it was a courtyard area (Case No. 7-0013/2018). This once again proves that such regulations can be successfully repealed.

Signs and markings are not visible due to the weather

It is extremely difficult to challenge a lawn fine during bad weather!

Judicial practice suggests that the driver must understand where he parks the car. Regardless of whether he parks in the snow or in a green area. If there were no markings or signs, it is advisable to record this fact so that in case of a fine it can be canceled.

If only the markings are not visible, look for the signs - in any case, they have the right of way. There is a parking sign - you park, there is no sign or a prohibition sign - you drive on.

Forced stop

Allows you to successfully cancel a decision if it arrived by mail.

A forced stop is made urgently. There should be no liability in the form of a fine. That is, if you feel dizzy, a tire breaks, or there is a threat of a load falling out, you have the right to brake anywhere. Including those places where traffic rules 3.27 and 3.28 are in effect.

But let us immediately note that we will have to collect evidence of a forced stop. If you feel sick, you stop at a paid parking lot, and later you receive a fine of 5,000 rubles - you need at least witnesses and medical reports. If there is a problem with the car, a certificate of evacuation and receipts for payment for the services of the forklift.

Step-by-step instructions for appealing

So, what steps should you take if you receive an envelope containing a receipt for a parking ticket in 2021 and want to challenge the decision?

1. Carefully study the parking fine receipt and find out which organization imposed the penalty on you - the traffic police, MADI or AMPP. This can be done using the codes described above.
2. Collect documents that prove your innocence: photographs of the absence of signs or markings indicating a paid parking zone, as well as the absence or poor visibility of road signs prohibiting parking, photographic evidence that your car was in a completely different place at the time of the offense, payment receipts parking time - it all depends on what you were fined for.
3. Write the text of the complaint, describing your situation and evidence of your innocence in as much detail as possible. The correct filing of an appeal against a parking fine in 2021 will be discussed in detail below.
4. Send the complaint with the attached package of documents to the authority that issued the fine or to the court at the place where the offense was committed. This can be done in person, by mail or online.
5. Be sure to make sure that your complaint is accepted, recorded in the journal of incoming documents and its registration number is dictated to you.

Submitting an application

Filing an appeal against a fine for illegal parking in 2021 can be done, as already noted, in two ways: either directly to the authority that imposed the penalty, that is, to the traffic police, MADI or AMPP, and then, in case of a negative decision, to the court, or straight to court. In both cases, the texts of the complaints will be quite similar - only the headers in which the recipient’s address is written will differ.

In the body of the application, which is identical for different authorities, it is necessary to indicate all the data about the fine received - by whom it was issued, for what offense, in what amount, the number of the sanction resolution.

Then indicate exactly why you think the parking ticket is invalid. The reasons may be the following:

• Absence of an administrative offense event. This argument works if the parking lot is not marked with any signs or markings and you cannot understand whether you can park here or not.
• Fatal defect in the decision on an administrative offense. Indicated if your car was in a different place at the time of the alleged offense and you can prove it.

In addition, in 2021, the decision to impose a fine can also be challenged on purely formal grounds - for example, because when issuing the decision, procedural provisions were violated or the violation was recorded improperly. However, in this case, an inexperienced car owner is unlikely to be able to do without the help of a qualified lawyer.

Checking for fines

When the offense was registered on the spot, and a copy of the decision on the administrative violation was handed to the driver against signature, no questions arise about where to view the fines. But what to do if the violation was recorded in the absence of the owner of the car?

Several electronic services are available for Muscovites to check information on fines:

• unpaid fines are displayed in your personal account on public services;
• a personal account with similar information is also available on the website of the mayor of Moscow;
• on the official website of the traffic police;
• you can send an SMS to the short number 7377: “fine77pt123456”, where 77pt123456 is the STS series and number, written without spaces. Information about fines will be sent back;
• There are many mobile applications that monitor traffic police databases and provide up-to-date information about existing fines.

How and where to complain about Mosenergosbyt in Moscow and the region? Step by step order

How and where to complain about the Moscow metro? Methods of circulation

Progress in court

After submitting an application to the court, the car owner will be given a date and time for consideration of his case. You must arrive at the court hearing without delay and with a complete set of documents to appeal the parking fine. During the consideration of the case, you will need to tell the essence of your complaint and provide all the evidence. You can also object to any statements of your opponents, petition for the involvement of witnesses and the inclusion of documents.

Typically, trials in such cases proceed quickly and the judge quickly makes a decision. It could be as follows:

• complete removal of the fine;
• partial change of punishment;
• dismissal of the complaint;
• postponement of consideration due to any circumstances.

After the decision is announced, you need to obtain a copy of it from the court office. If you do not agree with the judge's verdict, you can challenge the parking fine in a higher authority. The judge who made the decision is obliged to notify you of the possibility and procedure for appealing it.

Keep in mind

1. Personnel, as we know, still decide everything. Therefore, in ambiguous cases, stock up on photo and video evidence that you are right.
2. It is always better to meet in person with representatives of the agency that issued you the fine. Do not agree to have your complaint reviewed without your participation.
3. Don't pay the fine if you don't think you've violated it. It will be very, very difficult to take back money voluntarily given to the state.
4. Obtain written confirmation of the decision made from the responsible employee.

How to fight off an unfair fine: instructions for the lazy

Parking fines

Car owners will receive parking fines in 2021 if they:

The court's position: ParkNet is not mistaken

The Ostankino District Court of Moscow considered that, according to the rules for the use of city parking lots and the placement of vehicles there, approved by Moscow Government Resolution No. 289-PP, the entire section of the road network belongs to the city parking area. Accordingly, it does not matter which side the car was parked on as long as it was within the paid parking area.

The court also drew up a logical chain, analyzing the operating principle of the ParkNet complex:

• the product was in good working order, as there is an inspection certificate;
• a working tool detects only cars that fall under the influence of either a sign or markings, that is, cars of violators;
• There is no reason not to trust the data from the ParkNet complex.

The District Court, like the Moscow City Court, agreed with the position of the court of first instance and confirmed the guilt of the ambulances in non-payment of parking. The deputy chairman of the Moscow City Court also supported their position.

How to appeal a parking fine using Autocode?

To challenge a parking sanction online in 2021, go to avtokod.mos.ru. Enter in the field for defining the type of complaint the number of the resolution that imposes a fine on you for parking. This will help you find out who exactly issued the penalty to you - MADI or AMPP. This must be done within 10 days from the date of receipt of the chain letter. Otherwise, you will have to submit another petition - to extend the period for appealing the parking fine. But there must be good reasons for this.

Then, on the Autocode portal, you need to indicate the reason for challenging the sanction. They may be as follows:

• you were unable to see the sign or marking about prohibited parking or paid parking, as they were located in violation;
• you parked where it is permitted;
• you stopped due to an accident or at the request of a traffic police officer;
• your vehicle has been stolen, sold or was under the control of another person;
• you paid for parking, but still received a fine for non-payment;
• you have special powers as a disabled person, a member of a large family, etc.

You must attach scanned documents and photographs to your application to confirm your words:

• a photo of the location of the violation, which clearly makes it clear that the signs and markings are not visible;
• photo of a sign permitting parking;
• accident report;
• theft report, sales contract, open insurance;
• parking receipt;
• certificate of disability, large families, etc.

After this, all you have to do is click the “Submit Complaint” button and wait for the department’s further decision. It can either agree with your complaint and cancel the fine, or leave the collection order without adjustments. In this case, you will be able to appeal this decision in court.

Is it possible to refute? Grounds for appeal

There are many reasons not to pay or to challenge an already paid fine. We will consider only the main ones, but a professional auto lawyer will be able to analyze the situation in detail, and, perhaps, find others or a combination of them.

The most common reasons for appealing parking fines are:

1. The paid parking zone is not designated (incorrectly designated), but a fine has been received for non-payment.
2. The address for committing illegal actions is incorrect.
3. The parameters shown are not your machine.

Each of these grounds occurs quite often. However, if the second and third points represent a technical error of the controlling organizations or their equipment, then with the first point everything is more complicated. But more interesting.

Paid parking must be marked with a whole complex of road signs and markings. The shortage of one component provides grounds for legal refusal to pay. At the same time, only a specialized lawyer can know the entire set of norms regulated by legislation at various levels. You can ask your questions on this topic to lawyers for free through this form:

Consultations by phone. The call is free within the Russian Federation.

The fact of incomplete registration of a paid parking zone does not exclude the imposition of a fine. Most likely, you will have to dispute it after receiving it. Accordingly, if you are sure that there is no need to pay, it is better to take care of supporting facts in advance - photo and video materials.

Challenge a fine for parking on the sidewalk and lawn

To challenge a sanction for parking on a sidewalk or lawn imposed by the State Traffic Safety Inspectorate in 2021, you must, within the same ten-day period, file a corresponding complaint with the territorial body of the department or with the court at the place where the offense was committed. In this case, the reasons may be as follows:

• errors when indicating the date and zone of the offense;
• incorrect application of traffic rules;
• other procedural violations.

In this case, you may also need the help of a qualified lawyer who will correctly formulate your application and select sufficiently compelling grounds for it.

Authorized organizations

Every day Muscovites have to deal with drivers who break the rules. One motorist blocks the entrance to the yard for an emergency vehicle, another parks his car at the crossing. In such a situation, any of the road users can record the fact of the violation and file a claim:

• district officer;
• to the local administration;
• on the website of the Main Directorate for Road Safety;
• to specially created commissions that deal with illegal parking.

Or use the application and send data to one of the online services:

1. "Angry Citizen"
2. "Active citizen"
3. "Moscow's Assistant"

How to challenge a fine for paid parking at AMPP?

Appealing fines for unpaid parking issued by the AMPP in 2021 is perhaps the most common practice, since the control system over paid parking space in Moscow has not yet been adjusted and failures occur very often. The procedure for challenging in this case remains unchanged, however, in order to achieve justice from this authority, you will have to make a little more effort. After all, AMPP employees do not always answer calls and often miss deadlines for responding to complaints.

People's Patrol

In Moscow, the issue of compliance with the rules governing the responsibilities of road users is still acute. And this despite a number of measures already taken to control the capital’s parking. Due to the high level of motorization in the capital, such cases are no longer isolated and traffic police officers are not able to control every such violation. Ordinary citizens who have every right to complain about improper parking came to their aid.

Today you can deal with violators in two clicks from your smartphone, and you don’t even have to call the state traffic police. Violations of the rules recorded using special software are accepted as official evidence and become the basis for fines.

Nuances

Do not forget that many categories of citizens have parking benefits. Check if you are one of them:

• disabled people (with a medical certificate and a special sign on the car);
• members of large families (no more than two cars per family);
• veterans and participants of the Great Patriotic War, home front workers, children of war, camp prisoners;
• owners of bikes and electric cars;
• residents of houses directly adjacent to paid parking (they can leave their cars in this area from 20.00 to 8.00. To park during the day, they will need to purchase a special parking pass).

These are, perhaps, all the nuances that need to be taken into account when appealing a fine for incorrect or unpaid parking in 2021.

An attraction of unprecedented generosity

The entire center of Moscow is covered with paid parking lots. It is almost impossible to find a place on the street or in the courtyards where there is no “Stopping prohibited” or “Paid parking” sign. And yet I succeeded.

I arrived at the clinic and decided to leave the car on Zamorenov Street. I often park here and know that parking here is paid. And suddenly I see a section of the street where there are no signs about it. It’s strange: there should be a sign, but there isn’t. And then I decided to play it safe: I took a photo of a parked car, walked to the nearest intersection and photographed a section of the street from there. It seems stupid, but, as it turns out, I didn’t waste my time...

Personnel, as we know, still decide everything. Therefore, in ambiguous cases, stock up on photo and video evidence that you are right.

Personnel, as we know, still decide everything. Therefore, in ambiguous cases, stock up on photo and video evidence that you are right.