Where to send a photo of a parking violation in Moscow

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The law gives every citizen the right to notify authorities about the improper placement of a car that interferes with pedestrians or the passage of other vehicles. But first you need to find out the list of services in the city where you can complain about parking on the sidewalk, lawn or in other prohibited places.

Important! It makes sense to apply only if all evidence of the violation has been collected in the form of documents and videos or photographs.

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 complain through the Moscow Assistant application

A mobile application “Moscow Assistant” was developed for Moscow residents, allowing them to report violations of traffic rules. To use it, you need to download and install it. The application is available for use on smartphones with any operating systems.

The application is free.

What can you complain about?

“Moscow Assistant” allows you to send complaints about the following offenses:

• violation of stopping rules;
• violation of parking rules;
• unpaid parking;
• exit and parking on the sidewalk;
• parking at the pedestrian crossing;
• leaving and leaving the vehicle on the lawn;
• other similar violations.

Recording of offenses must be carried out in accordance with established rules. The application covers only a limited list of districts of the capital.

Additional features

The growth of motorization in large Russian cities has led to the emergence of a new type of organization that was created to provide assistance to traffic police officers. Therefore, in the capital, you can also contact the MADI service, which deals with administrative offenses, where you can send a photo of a parking violation in Moscow:

• written application - in the classic form (application on paper sent by registered mail);
• electronic form – to the official email.

Position of the Supreme Court: abolish parking fines

The woman turned out to be persistent and complained to the Supreme Court, which took the following position:

• in this situation, it was possible to do without a protocol on an administrative offense only if the violation was recorded by a special automatic device (Part 3 of Article 28.6 of the Administrative Code “Imposition of administrative punishment without drawing up a protocol”);
• the lower courts did not examine how the ParkNet complex works - automatically or with the help of an operator.

In 2021, the case was returned by the Supreme Court for a new trial (No. 5-AD 20-113).

Administrative responsibility

In an effort to free the area from illegally parked cars, service users provide tremendous assistance to traffic police inspectors. In other words, they work in close cooperation. For example, the online service “Moscow Assistant” is just over three years old, and the application has already been downloaded by more than three thousand people. During this year alone, three hundred thousand violations were reported through the portal.

Healthy! According to the State Traffic Safety Inspectorate, compared to the same period in 2017, the number of traffic accidents on the city’s roads decreased by nine percent. The indicator has been reduced, partly due to the active position of citizens.

How to file a complaint?

To begin with, it is worth collecting photo and video materials that prove the fact of the offense. You need to photograph the yard so that the posts, locks and the car itself are clearly visible. The materials should be attached to the application, which is drawn up in free form - free form does not eliminate the need to mention regulations and laws violated by the motorist.

You can submit a complaint in one of 3 ways:

• In person, through the reception organization.
• Electronically through the official website (the portals of almost all of the listed authorities allow you to do this).
• By mail, with acknowledgment of delivery.

Whatever option is chosen, care must be taken to ensure that it is possible to prove the fact of the appeal. For example, when submitting in person, you should definitely keep one copy certified by an employee of the organization. Within a few days, the application will be assigned an incoming number - it is worth finding out by phone to make it easier to track at what stage the consideration of the complaint is.

Action plan

It is enough to take a photo of the car number to check whether parking has been paid for. If everything is in order, the program will report this, if not:

1. After fifteen minutes of waiting, you will need to additionally photograph the car from several angles through the program and record the situation around it.
2. Send evidence to city services, which will decide to impose a fine.

Even if the time on your smartphone is set incorrectly, the application will still display the information correctly. When the phone does not have a function for recording the place and time of shooting, recording can be done manually.

If payment is not received, the user will be asked to take a photo again or shoot a short video. When the information is accepted at the data center, the message will change to “Under consideration”, after which one of the responses will come:

• the violator is fined;
• claim rejected.

Reference! If earlier in court such recordings from a DVR were not considered as indisputable arguments, today everything has changed, the main thing is to take a photo through the application and the picture should be clear.

Litigation

As mentioned above, one of the ways to resolve this issue is to go to court. Collective treatment is not excluded if we are talking about the area near the house.

The statement of claim is submitted to the district court, which territorially belongs to the location of the illegally seized plot of land. The text must indicate the following:

• Contact details of the plaintiff, or several persons, if this is a collective appeal.
• Contact details of the owner of the vehicle, or the person who installed paid parking.
• Detailed description of the problem: location of the parking lot, conditions of its use, tariff.
• Evidence of an offense – photos, videos, witness statements.

No more than 2 months may pass from the moment of registration of the incoming statement of claim until the decision is made. After this deadline, if the court makes a positive decision, the violator is obliged to remove the parking lot and pay a fine.

It should be noted that, according to a court decision, parking barriers must be removed by the person who installed them. However, representatives of responsible services have the right to dismantle them without permission.

Capital know-how

Recently, in Moscow, drivers, in order to avoid paying a fine, began to remove license plates from their cars or hide them from parking signs (a portable complex in a patrol car, which is designed to detect violations of rules with subsequent automatic processing). The inspector has the right to draw up a report on the driver of a moving car with unreadable signs; for parked ones, such rules do not apply.

Despite the fact that stationary cameras have already been connected that read license plates and an “anti-terrorism” commission has been organized, within the framework of which cars can be identified by VIN number or by identification certificate, it is impossible to do without volunteer assistants to combat such violators.

Attention! The fine for such “no-number” owners is two and a half thousand rubles.

How to deal with unauthorized parking?

The fight against unauthorized parking in courtyards sometimes reaches the point of absurdity: neighbors argue, damage each other’s property, and then take revenge and fight. Therefore, first of all, it is worth saying that any fight against violations must lie exclusively within the legal framework.

Is it possible to fence off a place for yourself?

As you know, all people consider themselves smart, but some admit they are smarter than others. Therefore, in courtyards you can often see fenced areas for personal parking. But what does the law say about such structures?

According to Article No. 262 of the Civil Code of the Russian Federation, the adjacent territory is a public area, that is, all owners of an apartment building (MKD) must have access to it. Accordingly, the installation of structures for personal parking, from the point of view of the law, is an unauthorized illegal seizure of territory. Such structures must be dismantled.

Legal basis

You can complain about illegal parking in Moscow for the following violations:

• on site for disabled people;
• on the lawn or sidewalk;
• second row on the roadway;
• at a public transport stop;
• in the yard, creating obstacles to the movement of both vehicles and people;
• under the “no parking” sign and so on.

Residents continue to receive proposals to expand the functionality and add recording of absolutely any violation.

Results

So, what should you do if there is illegal parking in your yard or in the city? A citizen has the right to the following:

• Resolve the issue peacefully - have a conversation with the person who installed the parking and ask to remove it;
• Apply to the authorities described above, having first collected evidence of the offense;
• Go to court.

It is not recommended to dismantle such fences yourself - it is better to entrust this to responsible workers.

civil position

Experts suggest that such an opportunity to be vigilant could provoke an increase in social tension in society. But the Ministry of Internal Affairs stated that mobile inspectors work confidentially (anonymously). Their names can be disclosed only if the traffic violator decides to appeal the decision in court.

Interesting! The program is designed in such a way that it is impossible to falsify data; this is one of the basic differences. That is, the material is completely protected from various corrections, any falsification and use of Photoshop will be stopped.

Review of the case: parking fine canceled

The Ostankino District Court, re-examining the case, turned to the resolution of the Plenum of the Supreme Court No. 20 of June 25, 2021.

It says that automatic mode is when the device is not influenced by a person in any way and it records all violations that fall into its lens, for example, when installed on a vehicle.

Since the case materials do not contain confirmation that the ParkNet agro-industrial complex operated without the participation of an operator, the court dismissed the proceedings for lack of proof of the circumstances.

Promising project

The Ministry of Internal Affairs proposed to amend the administrative code. Using the same scheme, it was decided to create the “Wrong Parking” Application and give it full legitimacy (from the Latin “legitimus”, a legal solution to issues or situations). With its help, it will be possible to identify, among other things, serious violations:

• crossing a railway crossing in an unspecified place;
• driving into oncoming traffic;
• running red lights and speeding;
• turning or turning in violation of the requirements prescribed by road signs or roadway markings;
• for not giving priority to pedestrians and special vehicles;
• failure to give way to a vehicle having the right of way.

Illegal parking in the courtyard of a house: lawn, sidewalk, land seizure

You can often find areas of the yard in the local area that are blocked off with chains and locks, barriers, special posts and other elements that allow parking there only for the car owner who has staked out the lot. However, any private parking spaces in the local area are illegal.

The local area is common property. According to Art. 16 Federal Law dated December 29, 2004 No. 189-FZ “On the entry into force of the Housing Code of the Russian Federation”, the land plot on which the apartment building and other real estate objects included in such a house are located is the common shared property of the owners of the premises in the apartment building. But it is impossible to allocate part of the local area to a separate apartment for use or sale.

Attention! An exception is possible only if the decision on parking spaces assigned to certain residents is made at a general meeting of homeowners , and only on the territory adjacent to the house (the size of the local area and its boundaries are determined by the municipal authorities in accordance with urban planning documentation ).

If you witness the squatting of part of the yard, illegally equipped parking

• Complain to the district government (make a complaint in 2 copies, keep one of them, with the seal and signature of the person in charge).
• You can submit a complaint online, for example, on the government services portal.
• Describe the incident in detail, upload a photo showing unauthorized parking, indicate the address where the violation occurred, and enter your feedback information. The message will automatically go to its destination.
• The government of the relevant district must consider your application within 30 working days, in accordance with Article 12 of Federal Law No. 59.
• City staff must conduct an investigation and, if a violation is confirmed, oblige the management company to eliminate it.
• Does the administration or management company not respond to the signal? File a complaint with the prosecutor's office.
• If you try to remove the fence on your own, and receive threats and physical rebuff from the “invader”, or you drive into such a “parking lot” and are not allowed back, blocking the exit with a raised chain or barrier, you should call the police, since such actions are an obstacle to movement.

Important! If you think that the authorities are ignoring the problem, or the methods of combating are not effective enough (for example, after eliminating violations, illegal parking occurs again and again), then you should take a different path. To give the problem a public resonance, to bring the problem under the control of regional authorities, you can use proven effective online resources, for example, create a petition on the national platform “Democrator”.

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.