How to appeal against illegal car towing

How to appeal the towing of a car for illegal parking?

Despite the presence of special paid parking lots where you can leave your car for several hours, car owners continue to park on sidewalks, lawns, and in other unauthorized places, interfere with pedestrians, and block the movement of other vehicles.

But often cars are towed illegally. Let's find out how to challenge the towing of a car for illegal parking.

In what cases is it illegal to tow a car?

Reasons for evacuation

Towing is a punishment for unscrupulous drivers for illegal parking, regulated by regulations and laws. Without compelling reasons, the inspector does not have the right to make a decision to move your vehicle to the impound lot.

Most of the towed vehicles are illegally parked cars . But there are other cases. Knowledge of the following standards will help you not to break the law and defend your rights with victory:

Art. 27.13 Code of Administrative Offenses of the Russian Federation;
standard of the Department of Economic Policy of Moscow No. 35-R;
Moscow PP 216-PP;
No. 205-FZ dated June 23, 2016 and others.

The Code of Administrative Offenses regulates the most common situations in which a car can be towed:

driving a vehicle without documents allowing you to drive a vehicle (driver’s license, car registration certificate, power of attorney, if the driver is not the owner of the vehicle);
driving a car with a faulty brake system;
driving a car without a driver's license;
the driver is intoxicated;
the motorist ignores the rules that are regulated by road signs or markings that prohibit parking or stopping;
parking, stopping in the wrong place: a pedestrian crossing (and five meters before it), the territory of the roadway, if the parking obstructs the movement of other cars;
parking 15 meters or closer from the stops for minibuses or taxi ranks;
if you have blocked traffic lights and road signs from other drivers;
ignoring the rules for large and heavy cargo transportation;
violation of the procedure for transporting dangerous goods: lack of special permission, a specific route for transportation, recognition signs to identify the category of baggage, non-compliance with safety rules;
if the driver evades a medical examination if traffic police officers suspect he is intoxicated;
consumption of alcohol, drugs, psychotropic substances after participation in an accident and before an official medical examination.

Other grounds for towing a vehicle are illegal.

If a motorist parks near a “No Stopping” sign, but this does not interfere with the movement of other cars, a fine is imposed.

Car evacuation procedure

Before evacuation, the traffic police inspector must draw up a detention report. Issued in two copies. It is signed by the inspector and the violator.

The protocol must indicate the following data:

date, place, exact time;
basis for forced evacuation, reference to the relevant standard;
Full name, position of traffic police inspector;
information about the car and its driver;
information about the authority that carries out the evacuation and its representative.

If the car was detained in the presence of the car owner, he may demand that information about the presence of personal and other valuables in the vehicle be included in the protocol.

Also ask the inspector to describe any damage or problems in the car. After completing the protocol, the car will be sealed.

The costs of evacuation are borne by the offender. The deadlines are counted from the moment the protocol is drawn up.

Cost of towing a vehicle to an impound lot

The cost in 2019 is:

3,000 rubles category “A”, “B” (up to 80 hp);
5,000, category “B” (80-250 hp);
7,000, category “B” (250 hp);
truck (except for oversized ones) - 27,000.

Daily payment for storing cars in the penalty area:

1 thousand rubles for a truck up to 3.5 tons;
2,000 over 3.5 tons;
500 for a moped or motorcycle;
1,000 for a passenger car.

Payment is charged for a full day of the vehicle being in the impound lot . You will also have to pay a fine for illegal parking. Evacuation does not free you from this.

After signing the act, the car will not be given back to you. You will be required to pay for vehicle transportation.

It is impossible to evacuate a vehicle with people sitting in it. You can avoid evacuation in this way, but you will be charged with disobeying traffic police officers.

If you return to the parking place and do not find your vehicle, call number “02” . Make sure your vehicle has actually been towed.

Contact the traffic police duty station and explain the situation. Call the towing service, whose employees will provide the details and location of the vehicle.

But what if you always park correctly, but your car is taken away? Is it possible to challenge the towing of a car?

We prove our innocence

If you are sure of illegal actions regarding your car, prove your case in the district court. Every car owner has this right.

The application is written in free form . State the circumstances in order, provide contact information with date and signature.

It is necessary to challenge illegal evacuation, otherwise you may waste money and time.

We will find out what to do if the car was towed illegally.

Appeal procedure

After signing the protocol, you must pick up the car from the impound area within 30 days . Do this until the full day is up. You don't have to pay for the first 24 hours.

Write a statement about illegal towing, attach evidence of innocence using photographs from the scene of the incident, record the fact that there are no signs and other markings prohibiting parking.

Eyewitness evidence may be needed. Appealing a fine or towing usually drags on for several months, since the traffic police inspector or the service that tows the cars will not admit the mistake they made.

If the signs prohibiting parking and stopping were installed with violations, due to which drivers cannot see them (the sign is “hidden” in the crown of nearby trees), feel free to appeal the decision.

It's useful to take photos of your parking spot every time you decide to park within the city. You can also use screenshots of panoramas from the required location from the site http://atlas.mos.ru./?lang=ru&z=2&ll=37.616837652505%2C55.748880176022.

This is the official website of the Moscow Government. You can immediately upload a photo from social networks to receive the actual publication with the date and time.

If you returned to the beginning of the evacuation of the car, it must be left in place . In 2015, a law was signed prohibiting the towing of a car in the presence of the driver, and also allowing tow trucks to work only in areas covered by road signs with special plates.

Also, the vehicle is not towed if the reason for the detention is eliminated before the tow truck begins its actions . This opportunity is provided if the vehicle was detained in the presence of a person who has the right to drive it.

At the place where the car was detained, you should be given a report . If you do not agree with the actions of the inspector, state your reasons. For illegal parking they pay a fine of 3 thousand rubles.

You can contact the inspection through the application of the Ministry of Internal Affairs of the Russian Federation, designed for Android or Apple iOS. The duty station staff will immediately respond to your request. They will have to arrive at the evacuation site before the forced evacuation of the vehicle.

If your car is going to be taken to an impound lot, you have the legal right to disagree with the inspectors' decision. And an objective investigation must determine the legality of their actions.

Go to the Moscow Administrative Road Inspectorate or to the impound lot . Demand that the administrative case be denied, explain this by saying that you did not commit any violations, show photographs. Describe this in the protocol, record it on a voice recorder.

It often happens that at this stage justice cannot be achieved. If you can avoid picking up your car from the lot for two weeks, don’t pick it up.

After receiving the decision to impose a fine, begin to act . If you need a vehicle, pay for towing, and after appealing the fine, claim the money back. Send a complaint through the MADI Electronic Reception.

You will learn about the outcome of your appeal within two weeks. The issue is considered within 10 days, 3 days are needed to send the decision. If you do not receive an answer, write a complaint to the prosecutor's office. If you receive a refusal, appeal it in court.

Let's look at how to appeal the evacuation of a car in court.

Appeal through court

First, we collect a package of documents:

notification of sending documents to the traffic police;
receipt of payment of the duty;
evidence of illegal actions of inspectors: photographs, videos, witness statements;
a copy of the certificate of legal entity or individual entrepreneur;
power of attorney to carry out transactions if a representative is involved in the process.

Write a statement of claim, which must include the following information:

name of the authority where you are submitting the application;
Full name of the person to whom it is submitted;
Full name of the applicant;
permanent residence address;
information about the violation, the applicant’s position;
Full name of the inspector;
name of the tow truck company;
list of documents;
date of application;
signature.

It would be a good idea to first consult with a lawyer . State the situation and support your arguments about the illegality of the inspectors’ actions with references to the law.

Also indicate how much you had to pay for towing, storing the car in the impound lot, as well as the amount of the fine (if the administrative penalty was also unlawful).

The application is printed in four copies. If the position is presented taking into account all the necessary aspects and is supported by regulations, the likelihood of your victory will be very high.

The ideal option would be if you take the application to the Judicial District of the Magistrate No. 367. You can also entrust the filing to a lawyer. Pay for services before submitting and attach supporting documents.

The court must notify the date and time of the hearing . At the meeting you will present the original documents. Do not submit them along with copies and the statement of claim - your documents may be lost.

Let's find out how to get your money back for illegally towing a car.

We return the money

A refund is provided only when the decision to impose administrative liability issued to you during evacuation has been appealed and the decision is made in your favor. If the court does not cancel the ruling, you lose the grounds for returning the money.

The Department of Finance, which makes the refund, will have to pay immediately after the judgment enters into force. The Department of Finance will not return the money without a court order, so it will hardly be possible to do without a court.

Most motorists who arrive at impound lots to pick up their car are to blame themselves . But cases of illegal vehicle towing are not uncommon.

If you do not agree with the actions of the traffic police inspectors and can defend your case, do so within three months from the date of drawing up the report on the detention of the car.

You can demand compensation for payments for the unlawful detention of a vehicle, keeping it in a parking lot, compensation for moral and material damage that is associated with a violation of your work process and other aspects.

Litigation will cost you a lot of effort and time, but sometimes it is the only right decision.

Complaint about illegal towing of a car

Towing a car is one of the methods of dealing with traffic violations, which is very effective. Under the threat of evacuation, drivers try not to break the law, and the state replenishes the budget at the expense of violators. However, not all cases of moving a car to an impound lot are legal. To protect your rights, you need to know the algorithm for appealing unlawful actions of traffic police officers.

Reasons for evacuation

Detention of a car by evacuation is regulated by Art. 27.13 Code of Administrative Offenses of the Russian Federation. This section is regularly updated; in 2018, it includes the following reasons why a vehicle may be detained (Clause 1, Article 27.13):

If the driver driving the car does not currently have a vehicle registration certificate.
Known malfunction of the brake system (except for the handbrake), coupling system, steering.
If the car is driven by a person who does not have a driver’s license or has been deprived of one.
Driving while intoxicated (this includes alcohol and drug intoxication), as well as the driver’s refusal to undergo a medical examination.
Leaving a car in a place where it is prohibited (signs prohibiting stopping or parking must be accompanied by a “Tow Truck Operating” sign).
Parking at the pedestrian crossing and at a distance closer than 5 meters in front of the crossing.
Parking on the sidewalk.
Stop or park at public transport stops and closer than 15 meters from the stop. The exception is cases when the stop is forced or for the purpose of boarding and disembarking passengers.
Leaving a car on the roadway, where it is an obstacle to the passage of other cars, or in a tunnel.
Failure to comply with the rules for transporting large and dangerous goods.
Drinking alcoholic beverages after an accident, or when stopped by a traffic police inspector, before deciding on the issue of undergoing an examination.

The following are not grounds:

the driver does not have a license(s),
lack of compulsory motor liability insurance policy.

Restrictions and evacuation rules

Transportation of the car to the impound lot is carried out in the manner specified in paragraphs. 3-10 tbsp. 27.13 Code of Administrative Offenses of the Russian Federation. The arrest is made by an authorized person (i.e., a traffic police inspector) based on the fact of an offense. At the scene of the violation, a protocol is drawn up, which is signed by the inspector, indicating his data and position, and is also signed by the violator. The protocol must indicate:

grounds for vehicle detention,
date Time,
vehicle (make, model, license plate),
transportation service.

When the guilty person is absent from the scene of the violation, the protocol must be drawn up in the presence of two witnesses, or on video recording. It is given to the person along with the decision to return the vehicle, after the reason for the detention has been eliminated (usually it is received at the impound lot after receiving the car).

The vehicle to be towed must be sealed during loading: all doors, incl. trunk, sealed with a special seal. The evacuation service is responsible for the safety of the vehicle during loading and storage. The parking lot must be located in a closed area, and video surveillance must be installed throughout its entire area.

It is prohibited to transport the car with passengers. The traffic police officer does not have the right to demand that passengers leave the car; in this case, he must limit himself to a fine.

The cost of transportation and storage of cars is determined by the laws of the constituent entities of the Russian Federation, in accordance with clause 11 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation. The person who committed the offense pays the cost of transportation (in the receipt this is called “Tow Truck Services”) and storage of the vehicle in the impound lot. Parking is paid daily, there is no hourly fee. As a general rule, the first partial day is not subject to payment. To pick up the vehicle, you will have to pay the cost of transportation and stay at the impound lot.

The cost of transportation varies depending on the type and capacity of the vehicle and can vary several times in different regions. Thus, in Moscow, transporting a passenger car will cost 8,125 rubles, and a day’s stay costs 2,090 rubles. (Order of the Department of Transport and Development of DTI Moscow dated December 29, 2016 No. 61-02-518/6). In other regions of the Russian Federation, the cost of transportation is usually several times lower.

In addition, the driver will also have to pay a fine, which varies depending on the type of offense: 500 rubles. for an incorrect stop (parking), 1000 rubles. for parking on the sidewalk, 2000 rubles. for parking on the roadway, etc.

When can you challenge

In accordance with Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, proceedings for an offense are terminated for the following reasons:

there is no corpus delicti (for example, a sign prohibiting parking is hidden behind trees - accordingly, the driver is not at fault, and there is no corpus delicti);
there is no crime event (the car was towed illegally or erroneously - no traffic rules were violated);
actions in extreme necessity (when committing an offense, a person acted in order to save his own or someone else’s life, or in the interests of society or the state, while the damage caused is less significant than the potential danger - Article 2.7 of the Code).

Where to go when towing a car

If the car has been towed, first of all, it is necessary to pick it up so that you do not have to overpay for the duration of your stay. To find out where the vehicle was taken, you need to call the evacuation service of the given city (locality), but if there is no information about this, you can always call the single line of the Ministry of Internal Affairs, which will connect to the traffic police department:

102 (from mobile), 01 (from landline), 911 - from all phones (emergency calls), or find the number of the duty station of your region in this section of the website traffic police.rf/divisions/. Also, in the contacts of the branches there is always a hotline where all requests from citizens are considered.

Before leaving the scene of the accident, you need to collect evidence - in the event that the car was taken away without legal grounds. It is necessary to take photographs of signs, markings and other important landmarks. Residents of Moscow can also use the service atlas.mos.ru, where they can take screenshots of panoramas of the city and region.

Where to complain

It is necessary to appeal not the evacuation, but the decision in the case of an administrative violation - it is the basis for the detention of the car. The resolution is being challenged in accordance with Article 30.1 of the Code of Administrative Offenses of the Russian Federation, paragraph 3, according to which a citizen can file a complaint about illegal evacuation:

to a court of general jurisdiction (district or city in small towns);
to a higher official (the head of the traffic police inspector who drew up the protocol);
to a higher authority (traffic police department for the city, region).

The applicant himself chooses where to appeal the act of law enforcement agencies. However, lawyers express the opinion that filing a complaint with the traffic police department makes sense only in cases where erroneous or unlawful actions of the inspector are obvious and there is direct evidence of this. When the situation is controversial or ambiguous, you should go to court - there is a greater chance of a fair hearing of the case.

Deadlines for appeal

You can challenge the evacuation order within 10 days (Article 30.3 of the Code). The period begins to run from the moment when the violator signed the protocol (if it was drawn up in his presence), or from the day when he received a letter with a copy of the document. If the violator does not receive the letter, it will be counted from the moment the letter is returned to the sender (it is stored at the post office for 30 days).

This deadline can be restored only if it was missed for valid reasons. These include: illness, absence of a citizen (for example, going on a business trip), postal failure when delivering a letter, etc. In this case, a petition to restore the deadlines, which is supported by documents, is submitted to the court along with the claim.

When contacting law enforcement agencies, there are two options - contact a higher official, or contact a higher authority. A complaint about evacuation is drawn up according to the general rules, in an official business style. It is necessary to attach copies of all available documents (decrees, receipts for payment for tow truck services, evidence, etc.).

Contents of the statement

A complaint about the evacuation of a car is drawn up according to the following principle:

name of the service department and full name of the head (you must always indicate a specific official, it is better to indicate the main head of the department);
Full name of the applicant, registration address, contact telephone number;
date and number of the resolution, data of the inspector who drew up the act;
essence of the appeal: why the resolution and evacuation were illegal, references to regulations;
summary: “I ask you to cancel resolution No. and return the funds paid for transportation services in the amount of...”;
date, signature, note about the consideration of the case in the absence of the applicant,
list of applications.

Internet resources

In some constituent entities of the Russian Federation, it is possible to appeal the inspection decision through special Internet services. In Moscow, such complaints are accepted on the website avtokod.mos.ru/Appeals/.

To appeal the illegal towing of a car, you must select the “appeal to MADI” section and fill out the form that appears.

You can also contact MADI through the service www.mos.ru/feedback/individual/, where all fields (personal data, resolution number and essence of the request) are also filled out.

Situations that are controversial are best resolved in court. The complaint is filed with the district court at the place of the offense - that is, where the evacuation took place.

Please note: appealing an administrative decision is not subject to state duty (Clause 5, Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

The statement of claim is not regulated by the Code and is drawn up in free form:

name of the judicial authority,
applicant details (full name, address, contact phone number),
title: complaint in a case of an administrative offense,
descriptive part (details of the resolution, full name of the official, brief description of what happened),
the plaintiff’s arguments about the unreasonableness of actions with references to laws,
operative part (I ask the court to cancel... and collect...),
date, signature, list of attachments.

An application to law enforcement agencies or the court can be submitted in person, immediately receiving the number of the incoming document, or sent by mail. To prevent the document from getting lost, the complaint is sent by letter with a list of attachments and a notification of delivery.

Consideration of the appeal

In accordance with Art. 30.6 of the Code of Administrative Offenses of the Russian Federation, when appealing to a higher official or a higher authority, the complaint is considered within 10 days (clause 1). The court has different rules, where the appeal is considered within 2 months (clause 1.1 of Article 30.5).

Based on the results of the consideration, a decision is made to cancel the resolution or to leave it in force. This decision is sent to the applicant within 3 days.

Refund

When making a decision in favor of the applicant, the road inspection or the court must themselves send a copy of the documents on the return of money, but in practice this is not always done. If the proceedings are terminated, the costs of transportation and maintenance of the vehicle are paid from the local budget (clause 12 of article 27.13). The applicant must contact the Department of Finance of the region (city) with an application for a refund and attach a copy of the cancellation certificate. In the application, it is important to indicate the details where the funds will be transferred.

The legislative framework

When appealing the illegal detention of a car, you should rely on the following regulations:

“Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ;
“Code of Administrative Proceedings of the Russian Federation” dated 03/08/2015 N 21-FZ;
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ;
Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses.”

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Defeat tow trucks, or How trees helped fight off a fine

First, let’s figure out why a car can be taken to the impound lot. All cases are listed in Article 27.13 of the Code of Administrative Offenses of the Russian Federation:

management without a registration certificate (part 1 of article 12.3 of the Code of Administrative Offenses of the Russian Federation, hereinafter referred to as the Code). Previously, a car was also sent to a parking fine in cases of driving without a driver’s license, if the driver forgot it. But now this provision has been removed. The inspector can check the availability of rights in his database. True, there is still a punishment for “bad memory” - a warning or a fine of 500 rubles (Part 2 of Article 12.3 of the Code).
driving a vehicle with a known faulty brake system (except for the parking brake), steering or coupling device (Part 2 of Article 12.5 of the Code).
driving a vehicle by a driver who does not have a driver’s license at all or has been deprived of a license (parts 1 and 2 of Article 12.7 of the Code).
driving a car by a driver while intoxicated. This also includes those who do not have a license at all and are driving while intoxicated (parts 1 and 3 of Article 12.8 of the Code).
violation of the rules for stopping and parking vehicles under prohibitory signs (parts 4 and 5 of Article 12.16 of the Code). At the same time, along with signs prohibiting stopping or parking, there must be information signs warning about evacuation.
violation of the rules of stopping and parking in places for disabled people (Part 2 of Article 12.19 of the Code).
stopping or parking at a pedestrian crossing and closer than 5 meters in front of it, violating the rules for stopping or parking vehicles on the sidewalk (Part 3 of Article 12.19 of the Code).
stopping or parking at stops for fixed-route vehicles or parking for passenger taxis, or closer than 15 meters from stopping places for fixed-route vehicles or parking for passenger taxis (Part 3.1 of Article 12.19 of the Code).
stopping or parking vehicles on tram tracks or stopping or parking vehicles further than the first row from the edge of the roadway (Part 3.2 of Article 12.19 of the Code).
stopping or parking on the roadway, obstructing the movement of other vehicles, as well as in a tunnel (Part 4 of Article 12.19 of the Code).
violation of the transportation of large and dangerous goods (Articles 12.21.1 and 12.21.2 of the Code).
refusal to test for intoxication (Article 12.26 of the Code).
consumption of alcoholic beverages after an accident, before the State Traffic Inspectorate arrives and decides on the need for an examination (Part 3 of Article 12.27 of the Code).

What is the evacuation procedure like?

A traffic police inspector or a representative of another authorized body (in Moscow, for example, MADI) draws up a report on the detention of a car if the reason for the detention cannot be eliminated on the spot. In the absence of the owner (in case of violation of parking rules, for example), a protocol is drawn up either in the presence of two witnesses, or under video recording. Then the car moves to the impound lot, where it waits for its owner.

What to do if the evacuation was illegal?

The complaint is submitted either to a higher official in relation to the one who considered the case, or to the court at the place where the alleged offense was committed. The complaint must indicate the grounds for cancellation. Here, for example, is a real incident that happened to Alexey Mochalov, our colleague, an automotive journalist.

When he returned, as you already understood, he did not find his car. It turned out that she was taken to the impound lot. And only then, having carefully examined, as they say, the surroundings, Alexey noticed that hidden in the treetops was a sign prohibiting stopping and parking, along with a sign warning about the operation of tow trucks. Alexey photographed all this and immediately posted it on his Instagram page and on the Drive website. Moreover, he did this not just to share with friends, but to receive actual publications with date and time.

Then, having prepared a complaint, Alexey visited MADI (Moscow Administrative Road Inspectorate), where he shared his dissatisfaction. Alexey gave additional explanations, showed his photographs and received a decision to cancel the decision!

Why did this happen? Here's the thing. The Code states that a driver can be held administratively liable only if there is guilt. In other words, if the signs were clearly visible and not obscured by trees, and the driver simply “didn’t want” to see them, the decision would be clear. But the signs were not visible, that is, the driver was deprived of the physical ability to detect the prohibition on stopping and parking. Moreover, there were no prohibitory markings in this place either. And if so, then the main basis for punishment is missing - the fault of the car owner.

In other words, if you are accused of the traffic violations listed above and the car is detained, you need to provide indisputable evidence of the absence of guilt. Only then will the law be on your side. In other cases, it is unlikely that the decision will be cancelled. Well, if you have already won the case, then you have the full and legal right to demand a refund of the money paid for the evacuation and storage of the car.

Appeal against illegal evacuation

Towing a car is fraught with costs for the owner. The situation is especially unpleasant when the car was moved to the impound lot illegally, and the resolution contains false and unreliable information. The main goal of the subject of administrative responsibility - a citizen or official - is the need to prove the absence of an offense. If this succeeds, then you can challenge the detention of the car - as a consequence of the illegal actions of the traffic police officer.

Grounds for car detention

Art. 27.13 of the Code of Administrative Offenses of the Russian Federation provides an exhaustive list of grounds on which the traffic police has the right to issue a ruling on an offense and engage a third-party organization to evacuate the car. This list includes violations:

driving a vehicle without a registration certificate. If the driver does not have a license (forgot) with him, he will get off with a warning or a fine of 500 rubles.
driving a vehicle with faulty brakes, steering wheel or clutch;
if the driver drives a car while deprived of his license, or when he does not have a driver’s license at all.
if the driver is caught drunk or when a traffic police officer suspects him of being intoxicated.
if the car is parked under prohibitory signs, near which there are signs warning the driver about possible evacuation.
when a car occupies disabled parking spaces.
parking at the pedestrian crossing and at a distance of 5 m to it. Before challenging, traffic police officers can take special measurements and record the distance to the pedestrian crossing in the protocol.
if the driver stopped or left the car at a bus stop or taxi rank, as well as at a distance of 15 m from them.
if the driver left the car on the roadway, further than the second row, when the car impedes movement;
when the driver refused to be examined or began drinking alcohol after an accident;
for parking on the sidewalks.

Traffic police officers do not have the right to evacuate a car that is parked without violating traffic regulations. The evacuation of a car for non-payment of municipal parking is controversial, since such an offense is not specified in the Code of Administrative Offenses of the Russian Federation. To get back the money spent on moving the car, you first need to challenge the illegal actions of the State Traffic Inspectorate employees.

Procedural nuances

If a motorist is faced with the fact of illegal towing of a car, then it is necessary to try to resolve the conflict out of court. The movement of the vehicle is handled by a specific company, information about which can be found in the traffic police regulation.

Administrative appeal

Experts recommend directly contacting the company in whose impound lot the towed car is located, as well as the traffic police. Moreover, there is no need to pay immediately for evacuation.

If a car enthusiast is ready to fight to the end, then he should send an administrative complaint to the department for reviewing such documents. Specialists of the State Traffic Inspectorate are authorized to consider administrative complaints, which should indicate:

Name of the official.
Information about the applicant.
Completely the circumstances of the conflict situation, as well as the arguments, taking into account which the citizen does not agree with the decision of the traffic police and the evacuation of the car.

If the car was damaged during transportation, this should also be indicated in the complaint. The complaint must be personally signed by the complainant. You can submit the document through a legal representative. The likelihood of satisfying the car owner's demands for illegal towing is small.

Procedural features of the dispute

The traffic police must prove the guilt of the owner of the vehicle. If the citizen’s legal demands are refused, an application must be submitted to the magistrate. The Ministry of Finance of the Russian Federation is considered responsible for damage to the car. A civil claim for damages must be distinguished from an administrative complaint. In the first case, the statement of claim must be drawn up according to the rules of Art. 131-125 Code of Civil Procedure of the Russian Federation. An administrative complaint is filed under Art. 30.2-30.10 Code of Administrative Offenses of the Russian Federation and is not subject to state duty.

The grounds for challenging the illegal towing of a car may be:

fact of illegal evacuation;
the amount of damage caused;
other illegal actions of traffic police officers.

If only the actions of the State Traffic Inspectorate are disputed, then a complaint must be filed in court. It can be filed at the place of residence of the applicant or at the place where the offense was committed.

The fact of illegal evacuation should be challenged taking into account the specific circumstances. If the car has been towed, you should call the traffic police and find out its location.

Next, you should submit a written complaint to the State Traffic Inspectorate or immediately to the court. Photo and video recording will help to provide arguments in a controversial situation. If the car was taken away when the driver was suspected of being intoxicated, and they were not justified, then the driver has the right to challenge the evacuation procedures of the intermediary, on the basis that the suspicions of the traffic police officer were not confirmed.

Going to court

An administrative complaint to a court should be distinguished from a statement of claim. The complaint is filed with the court at the place of residence of the application. It must be drawn up in accordance with the rules of Art. 30.1-30.5 Code of Administrative Offenses of the Russian Federation. The complaint should indicate:

name of the court;
information about the applicant, including information about his place of residence;
circumstances of a particular situation. It is necessary to indicate precisely on what basis the decision of the State Traffic Inspectorate should be considered illegal - the absence of signs prohibiting parking, the location of the car at a permissible distance from the pedestrian crossing, etc.;
request to cancel the decision;
list of documents - photos, video evidence, for example, about the absence of signs, a properly equipped pedestrian crossing.

The following documents can be attached:

A copy of the resolution.
Financial documents confirming payment for tow truck services (if it was made at the time of going to court).
A copy of the applicant's passport.

The court considers the case and evaluates the evidence presented. He also studies the materials presented by the State Traffic Inspectorate, including video recordings and photographic documents.

Consideration of the case

The situation may be controversial regarding the fact of the offense and the guilt of the citizen who appealed the decision. When considering complaints, the court examines the submitted documents, hears testimony from the parties, and gets acquainted with the results of examinations. The court has the power to cancel the decision or leave it unchanged, or reduce the degree of administrative liability.

If the decision was not made in favor of the citizen, then it can be appealed to the district court. Resolutions that have entered into force can be appealed in the courts of the constituent entities of the Russian Federation.

Conclusion

There are no universal rules for appealing evacuation. The applicant must prove that the traffic police officer’s decision was made illegally. If it is possible to achieve this, the detention of the vehicle itself will be unlawful. In a difficult situation, it is recommended to enlist the support of a reliable lawyer.

What to do if a car is towed illegally?

Illegal car towing has become one of the most annoying problems affecting almost every motorist in a major city. Signs prohibiting stopping or parking are often located in such a way that they are almost impossible to notice, but this fact does not prevent the traffic police and the relevant services from easily and naturally evacuating vehicles en masse to special parking lots.

The result of the driver’s inattention or the negligence of the road services, who skillfully “hid” the sign, is very sad - a fine for parking in the wrong place, a hefty payment for transporting the vehicle and a daily accrued amount for the vehicle being in the impound lot.

Rules and procedure for car evacuation

Evacuation of vehicles in the Administrative Code. offenses, namely in Art. 27.13 is defined as “vehicle impoundment”. Contrary to misconceptions, this is not a punishment for a violation, but a special measure aimed at ensuring unimpeded administrative proceedings.

Part 1 of this article of the Code of Administrative Offenses of the Russian Federation provides a list of violations of traffic rules, when registered by the traffic police officers, the specified measure can be applied.

Articles 12.27 (part 3) and 12.8 (parts 1, 3 and 8). The driver’s use of narcotic, alcohol or other prohibited substances before his medical examination after an accident, as well as driving a vehicle while intoxicated due to the above substances;
Article 12.7 (parts 1 and 2) and article 12.3 part 1. Driving a car by a person who does not have the appropriate license or by a person who was previously deprived of such a right, as well as by a person who does not have documents confirming the right to drive a vehicle.
Article 12.26. Refusal of the vehicle driver to undergo an official examination if traffic police officers have reason to suspect him of being intoxicated;
Article 12.21.2 part 1, as well as 12.21.1 (parts 1-6). Violation of the transportation of high-risk cargo, as well as the rules for the transportation of goods and mechanisms of large dimensions or heavy weight.
Articles 12.19 (parts 3-6) and 12.16 (parts 4-5). Stopping or leaving a parked vehicle in an inappropriate place, including pedestrian crossings, a five-meter area adjacent to it, as well as in places prohibited for stopping and parking on the basis of road signs or markings.
Article 12.5 part 2. If the car is used with a faulty brake system.

This list of violations is exhaustive and is not subject to broad interpretation.

The same article 27.13, but in part two, provides a comprehensive explanation that if the reason that served as the basis for the evacuation has been eliminated, then the evacuation process must be stopped. At the same time, no stages are specified: if the reason for the detention is eliminated, the car cannot be detained, no matter what stage its evacuation is at. The exception is when the tow truck starts moving .

When detaining a car, traffic police officers are required to draw up an appropriate protocol, which must reflect:

Information about the owner of the car and the car itself;
Information about the traffic police officer who completed the protocol;
Information about the organization carrying out vehicle evacuation;
The reason that served as the basis for the evacuation, an indication of the article of the Code of Administrative Offenses of the Russian Federation;
Time of detention and date.

How much does it cost to tow a car?

In addition to the fine for violating the Traffic Rules imposed in accordance with the Code of Administrative Offenses of the Russian Federation, the driver - owner of the vehicle will also have to pay for the procedure for towing the vehicle and for its stay in the impound lot. The procedure for making payment, as well as its amounts, are established by regional regulations, individually for each region. There is no single “tariff scale” in the Russian Federation.

In the capital, the evacuation of a vehicle will cost the driver the following amounts:

With power up to 80 hp. – 3000 rubles.
From 80 to 250 hp – 5000 rubles.
Over 250 hp – 7000 rubles.

The daily cost of parking a vehicle in a special impound lot will range from 500 rubles for passenger cars to almost 3,000 rubles for oversized vehicles.

In the regions, the indicated values can be either lower or higher, depending on local regulations of the regional government.

Common Disorders

Most often, drivers encounter the following violations:

Towing a car when committing an offense not specified in Art. 27.12 Code of Administrative Offenses of the Russian Federation.
Continuing to detain the car when its owner or driver appears who can eliminate the violation;
Drawing up a protocol “retroactively”, with gross violations and without familiarizing the person held accountable with it.
Drawing up a protocol in the absence of the driver and witnesses, whose presence is mandatory in such a case.

If any of these violations are present, the towing of the car (or even prosecution in general) may be considered illegal.

Illegal car towing: what to do

The most important thing is to remain calm and do not show open aggression towards police officers and representatives of the evacuation service.

Remember: Any illegal actions on your part will be punished, regardless of the circumstances that provoked them.

Typical and most common situation: The driver leaves the vehicle in a place where parking and stopping is prohibited, leaves for a short time and upon returning discovers the operation of a tow truck.

By law, in this case, representatives of the organization carrying out the evacuation are required to STOP work, leaving the car alone and provided that the driver is ready to drive it away. However, this does not relieve the driver from administrative responsibility, that is, traffic police officers will in any case be required to draw up a protocol on the involvement.

IMPORTANT: Often the work of the tow truck does not stop, especially when the car is already loaded and secured. Such actions are illegal.

If the towing service refuses to stop working and return the car to you, follow the instructions:

Remember all possible details of the organization: number of the tow truck, name of the organization, data of the police officers who completed the protocol (badge numbers, names, number of the official vehicle);
Provide video recording of the violation. Clearly inform with the camera on that you are ready to remove the car and explain to the traffic police officers and representatives of the organization executing the protocol on the detention of the car that by their actions they are breaking the law. It’s better if the video is filmed by someone you know so that everything that happens is fully captured in the frame.
When continuing to detain the vehicle, remain calm and record all your objections in the protocol of detention and administrative offense when traffic police officers invite you to review it.
If nothing was formalized on the spot, be sure to record it all on video. Ask the inspectors a question about when you will be able to familiarize yourself with the documents - the protocol on the detention of the vehicle and the protocol on bringing you to justice.

The video recording can become the main evidence, since if at the time the owner of the detained car appears, the tow truck has already started moving, then the evacuation will be recognized as legal. That is why immediately turn on the video recording!

How to appeal?

There are two options for appealing the illegal towing of a car:

Appeal the decision to impose administrative liability if you categorically disagree with the violation. The complaint is filed in accordance with the Code of Administrative Offenses of the Russian Federation
Appeal the actions of the traffic police inspector who drew up the report on the detention of the vehicle, if there are no objections to the commission of an offense, but there is disagreement with the evacuation of the car. A complaint against the actions of an inspector is filed in accordance with the CAS RF procedure.

Both complaints are filed with the district court at the place where the offense was committed that resulted in the detention of the vehicle. There is no fee for these complaints.

There is no point in filing both complaints at the same time. First, it is necessary to appeal the decision on the APN, and then, if it is upheld, the illegal evacuation.

Complaint against the decision on the APN

You can appeal the decision in the case of the APN within 10 days from the moment it was delivered to the violator.

A complaint against a decision to bring to administrative liability must contain:

Applicant's name, full name, address;
Name of the official who made the decision, address;
Description of the circumstances of the decision on the violation: time, place, plot of the case, punishment;
The reasons why the applicant considers the decision illegal and unfounded;
Request to the court to dismiss the case; on reducing the amount of punishment;
Signature, date, list of attached documents and evidence.

The complaint is accompanied by a copy of the document being appealed, as well as a video recording (if included) on any medium that ensures its unhindered viewing in court.

If the complaint is satisfied and the case is terminated due to the absence of a violation in your act or in the absence of a violation event, the evacuation is automatically recognized as illegal.

Complaint against the actions of a traffic police inspector in detaining a vehicle

Complaint against the actions of a traffic police officer, namely, the application of administrative measures. proceedings in the form of detention of a car, filed in accordance with Chapter 22 of the CAS of the Russian Federation. A complaint can be filed no later than 3 months from the moment the applicant learned of the violated rights.

The content of the complaint is almost the same as the complaint against the decision on the APN, but with the difference that the applicant in this case will be the administrative plaintiff, and the person whose actions are being challenged will be the administrative defendant. The complaint sets out the arguments why the plaintiff considers the detention of the car illegal. The procedure for considering this category of cases is regulated by the CAS of the Russian Federation.

IMPORTANT: If the evacuation is declared illegal, this does not entail exemption from administrative liability.

How to get money back for illegal towing of a car?

In the event of termination of the administrative proceedings due to the absence of the composition or the event of the alleged violation, all costs of detaining the car, its evacuation and being in a paid impound lot must be repaid from the budget.

If the owner of the car has already paid money to pay for the detention of the car, he needs to contact the organization that actually towed the car with an application for the return of the paid funds.

The application is drawn up in any form and a supporting document is attached to it, giving the right to return:

Resolution to terminate proceedings on APN;
Court decision to terminate proceedings regarding the APN;
A court decision declaring the actions of a police officer to detain a vehicle illegal.

If a refund is refused, you can file a lawsuit to recover illegally obtained funds.

If any problematic situations arise, it is better to contact a lawyer for help in advance. This will significantly increase your chances of success and save time.