How to challenge the towing of a car for illegal parking

Challenging the evacuation of a car for illegal parking

The detention (or arrest) of a passenger car or other vehicle is the evacuation of vehicles. These are the tools of state traffic police services to restore order on the roads, identify violators and punish them.

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But servicemen do not always act in accordance with Russian laws; they can also violate them and illegally tow the car to a parking lot.

Such parking at the traffic police is paid and is quite expensive for drivers. Nobody wants to pay for an expensive pleasure - security at a state special parking lot.

Therefore, many motorists are interested in whether it is possible to appeal the towing of a car if, for example, they parked incorrectly. Let's consider this topic from the point of view of practice and some advice from car lawyers.

What are the reasons

The evacuation process itself follows the same algorithm. First, employees of the road service or a special tow truck service identify the violation.

Then they are convinced that it is impossible to eliminate the cause that led to the violation. This may be interesting, for example, to those drivers who are wondering how to challenge the towing of a car on the sidewalk, or under a prohibitory sign.

Then the servicemen will draw up a protocol stating that the motorist violated administrative rules.

The protocol is compiled in different ways:

In the absence of the driver. Witnesses are invited and a protocol is drawn up in front of witnesses. In this case, eyewitnesses must sign the protocol, as well as the service employees who drew up the order.
In the absence of the driver and witnesses. A video recording of the situation and the process of drawing up the protocol and its signing is made.
In the presence of the driver. It is not necessary to invite witnesses, but it happens that eyewitnesses are also needed in such a situation.

If the driver is on site, he can make every effort to eliminate all reasons for the detention of the car. In the event that it is impossible to eliminate the consequences of the violation, even in the presence of the driver, the car will be forcibly transported by tow truck to the impound lot.

The procedure for preparing a car for evacuation must comply with all standards, otherwise the driver will have the right to challenge the seizure of his car in court.

Parked incorrectly, or stood under a prohibited sign - wait for the special service for evacuation! Such rules. And this is in addition to paying a fine or deprivation of rights if a serious violation was committed.

For example, if you stop at a railway crossing, in addition to a fine and towing of the car, you also face deprivation of your license. All cases where the punishment in the form of forced towing of the car to the traffic police parking lot follows can be considered in a special table.

Violations for which a vehicle is taken away and placed in the impound lot of the State Traffic Inspectorate:

Note! All these laws apply equally to all regions, regions and cities of Russia.

If there are differences across cities in terms of the size of fines or the magistrate cannot always award deprivation of rights, then towing to an impound lot is definitely a threat, with no exceptions regarding the location.

This punishment can be avoided only if the driver manages to eliminate the consequences and causes of the violations within 30 minutes.

Is it legal to tow a disabled person’s car? Read here.

How to prove innocence

Every fined driver who doubts his own innocence can try to appeal the court’s decision on fines, as well as the confiscation of his car.

But this is not done just like that - without supporting it with strong evidence that you are right. If the driver believes that he is not guilty, he must take care to collect documentary evidence of his innocence.

Evidence of the innocence of the owner of the seized car may be as follows:

Written testimony of eyewitnesses.
Video files or photographs in which all the details of the “wrong” parking location are clearly visible.
Published videos or photographs on social networks.

In the first case, it is not always possible to collect documentary information from persons who witnessed the incident. The car could have been towed when there were no people nearby.

Therefore, this method is used less often than the next two. In the second case, you should pay attention to such a feature as the clarity and relevance of the elements of the shooting area.

In the third case, the importance of the publication on social networks serves as additional evidence of the exact time and date when the incident occurred.

If, suddenly, in the protocol on an administrative violation, a traffic police officer indicates other information about the time and date, then this may be counted as a violation on the part of the police officer. And this is a serious factor in favor of the motorist’s innocence.

The driver, because of the trees standing in the foliage, did not notice the sign “Prohibition of driving!” and parked the car at the curb at a distance of 1.8 m from the sign.

In a complaint filed to the court, the motorist indicated that he did not see the sign, and when he arrived at the scene, his car was already being loaded onto a tow truck.

Having told the towing service that he still had time to eliminate the cause of the violation, the driver tried to neutralize the incident. But the tow truck workers refused to listen to his arguments and took the car to the parking lot.

The driver had a phone on which he filmed everything - all video files were provided to the court. The decree was canceled and a new one was issued - to acquit the driver and return the car to him.

Based on this second court order, the driver took the car immediately on the day of the application. He did not have time to pay the fine.

The driver parked the car in Moscow, near the Perovo metro station. He did not see any prohibiting signs. I returned to the car, and it had already been taken to the impound lot.

Taking a closer look at the area, a sign prohibiting parking stood behind the kiosk. The driver immediately got his bearings and called his lawyer, and he took photographs of the “sights” of the area.

The lawyer drew up a complaint and submitted it to the magistrate's court. The court found the driver not guilty and found that the sign was installed in the wrong place. The sign was moved and the car was returned. The driver did not pay the fine, and the judge did not even mention it.

According to the law, the driver should have paid the fine, but since the entire appeal of the case was completed 5 days after the first decision was made, there was no need to pay the fine.

Important! You must not hesitate to collect compelling evidence that the driver is not at fault and to file a counter-complaint in court. Here it is important to record everything on the same day and at the same time when the evacuation occurs, if the driver is on the spot.

The most important thing for the driver is to prove that the evacuation took place illegally. And this can only happen in the following cases:

The driver's guilt has not been proven.
If the driver parked incorrectly in a case where it was necessary to save a person, provide emergency assistance.
There was a disabled child in the driver's cabin. In this case, parking in the area for disabled people is permitted.
The existence of a violation has not been proven.

During these cases, it is possible to file complaints bypassing the court. That is, first try to resolve the dispute through the tow truck service.

An application is submitted to such a service, copies of the passport, driver’s license and all documents and evidence base materials. After this, the road towing services must reconsider their decisions and issue the driver permission to get his car back.

Appealing the towing of a car for illegal parking

An appeal cannot take place if the violator has not paid all fines and has not suffered punishment. First, the decision of the magistrate comes into force so that there is something to appeal.

A copy of such a resolution must be in the hands of the fined motorist. Then the driver executes the court order, and then within 10 working days he files a petition to the same court.

The fact is that these 10 days are given specifically to cancel the invoice for fines and other penalties, so that the motorist can protect his rights too.

Therefore, the decision to evacuate and pay a fine after the fact comes into force only when these 10 days have passed.

Thus, we get the following picture of the whole process, how everything happens:

The motorist was convicted of not following the rules of the road user.
They issued a report and immediately evacuated the car to the impound lot.
Information about violations of administrative procedures is transmitted to the traffic police.
The state traffic inspectorate transfers the data to the magistrate’s court, as well as the documents collected in the case.
The magistrate invites the citizen who has committed a fine to a hearing.
In the presence of the driver, a decision is made to evacuate and pay a fine.
A corresponding court order is issued, and a copy of it is given to the driver.
Within 10 days after the verdict, the motorist files a complaint with the court.
He attaches to the complaint all the documents that, in his opinion, will prove his innocence or the guilt of the evacuation service.
At the same time, he immediately pays the fine to the state budget. After the judge’s acquittal, the fine is returned in full.

But he can pick up the car from the impound lot to drive it for the next 10 days, until the decree either comes into force or is canceled after the driver is acquitted.

This should be done as quickly as possible, because for every day a car is stored in a special parking lot, the traffic police service today charges decent sums.

When the magistrate, after an investigation, decides that the driver is not guilty, then he will cancel the previously issued court decision.

In this case, the driver receives his own copy of the acquittal, and then submits an application to the traffic police for a refund of the fine paid.

In the application, you must indicate the details of your bank account where the institution should transfer the refund.

However, when the court decides to uphold the sentence imposed on the violator, the car will have to be taken to a special traffic police site independently, and the fine will not be refunded.

Note! It is now better to pay fines immediately, because this way car owners receive an impressive 50% discount if they manage to pay within 20 days from the date of the court’s verdict.

And if the driver pays the fine within 60 days after the court decision is issued, then he is entitled to a 25% discount. That's it, no more discounts.

If the driver parked his car incorrectly, then he should think about how much of his fault he has.

Sometimes cars are taken away not due to the driver’s fault, but due to the fault of the road services that incorrectly installed a road sign, for example.

If the driver’s violation was not malicious, then he can independently file a complaint with the court within 10 days. In case of a serious violation and attempts to return the car, you need to use the services of auto lawyers or lawyers.

How to pay a fine for towing a car, see the page.

Find out what to do when evacuating a car to a impound lot in St. Petersburg from this information.

Video: First pay, and then prove that you are not a camel! about tow trucks Vyacheslav Lysakov #I THINK so

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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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.

Towing a car for illegal parking

Good afternoon, dear reader.

In this article we will talk about the evacuation of cars for violating parking rules.

Detention of a vehicle (evacuation) is primarily intended not for additional punishment of the driver, but for quickly clearing the road for the movement of other vehicles.

However, the cost of towing is often comparable to fines for illegal parking, so most drivers consider it an additional punishment.

Let's start with traffic violations for which a car can be towed in 2020.

Towing for parking in a disabled space

For stopping or parking a car in a place intended for parking vehicles for disabled people, the driver will receive a fine of 5,000 rubles . In addition, the car is awaiting evacuation.

Parking spaces for disabled people must be marked with appropriate signs or markings:

Towing for parking at a pedestrian crossing

For stopping or parking a car at a pedestrian crossing or closer than 5 meters in front of it, the driver will receive a fine of 1,000 rubles (3,000 rubles in Moscow and St. Petersburg), and the car will be sent to the impound lot.

Towing for parking on the sidewalk

Stopping or parking a vehicle on the sidewalk is punishable in the same way as parking on a pedestrian crossing - 1,000 rubles (3,000 rubles in Moscow and St. Petersburg). The car must be towed.

Towing for parking at a public transport stop

Stopping and parking a car at a public transport stop or taxi rank, as well as closer than 15 meters from these facilities, will entail a fine of 1,000 rubles (3,000 rubles in Moscow and St. Petersburg). A tow truck will pick up an illegally parked car.

Evacuation for stopping on tram tracks

For stopping or parking on tram tracks, the driver will be fined 1,500 rubles (3,000 rubles in Moscow and St. Petersburg) and the car will be picked up by a tow truck.

Towing for second row parking

For stopping a car in the second row or further from the edge of the roadway, a fine of 1,500 rubles (3,000 rubles in Moscow and St. Petersburg) and the evacuation of the vehicle are provided.

Evacuation for parking in a tunnel

Stopping or parking a vehicle in a tunnel will entail a fine of 2,000 rubles (3,000 rubles in Moscow and St. Petersburg). The car will be towed.

Evacuation for interfering with other vehicles

If a car interferes with the movement of other vehicles, its driver will be fined 2,000 rubles (3,000 rubles in Moscow and St. Petersburg). The vehicle itself will be sent to the impound lot.

In the picture above, a white car is blocking the entrance to the adjacent territory and obstructing the movement of the orange car.

Evacuation when there is a “Tow Truck Operating” sign

If the car is parked within the coverage area of one of the signs listed below (with a sign “Tow Truck Operating”), the driver will receive a fine of 1,500 rubles (3,000 rubles in Moscow and St. Petersburg), and the car will be sent to the impound lot.

Note. If the signs are installed without a plate, then the car in the area of their coverage should not be towed. In this case, the driver will only receive a fine.

Listed above are all possible cases in which a car can be towed for illegal parking (Article 27.13 of the Administrative Code). In other cases, vehicle detention does not apply.

Attention! The “Tow Truck Operating” sign should only be used with signs prohibiting stopping and parking. In other cases discussed above, the sign does not apply. For example, such a sign is not installed near places for the disabled.

Termination of evacuation when the driver appears

If the driver of the vehicle appears before the tow truck with his car starts moving, then the vehicle must be returned to him. In this case, the driver must eliminate the reason for the detention.

Since this article deals with violations related to improper parking, to eliminate the reason for the detention you just need to move the car somewhere where parking is not prohibited.

How much does it cost to tow a car in 2019?

The cost of vehicle evacuation in 2019 is set by each region independently, i.e. there is no single tariff. In addition, the cost may also depend on the type of vehicle.

For example, the cost of a parking lot in Moscow for the evacuation of a category B passenger car (with engines from 80 to 250 hp) is 5,200 rubles for the first day and 1,000 rubles for each subsequent day.

The cost of evacuation in other regions is usually slightly lower. You can find prices for your city yourself.

How to find a car in an impound lot?

In each city there is a separate organization that deals with the towing of cars for illegal parking. If your car is towed not for the first time, then you should know the phone number of the impound lot.

If you find yourself in a similar situation for the first time, then call the police (102 from your mobile phone), they will help you solve this problem.

How to pick up a car from an impound lot?

Since regional authorities are currently involved in the evacuation of cars for illegal parking, the peculiarities of returning a car in each region are different.

In any case, the driver must first call the impound lot and find out if his vehicle is there. At the same time, I recommend that you clarify the list of documents for return.

The only rule that applies in all regions without exception is that you can pick up the car immediately after going to the impound lot. You can pay for the cost of storing your car later.

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

Appealing a fine for illegal parking only makes sense if the driver has significant evidence of his own innocence.

For example, if your car has a recorder installed that recorded the vehicle’s parking location and the evacuation process.

How to challenge evacuation in this case:

1. Find a car at the impound lot and pick it up. This step needs to be done first. If you do not pick up the car, you may be charged a huge amount for storing it.

2. Obtain a copy of the resolution imposing an administrative fine for illegal parking. The fastest way to do this is to contact the traffic police department, whose officer imposed the fine.

3. After receiving the decision, you have 10 days to appeal it. Please read the resolution carefully. Check that the specified address where the offense was committed corresponds to the actual parking location of your car. Re-inspect the location of the violation and check that parking is actually prohibited there.

4. Taking into account the available information, make a statement to the traffic police. In the text of the statement, state your point of view regarding the current situation. Demand that the decision be canceled and the money returned for towing the car (if you paid for it earlier). Please attach any evidence you have to your application.

5. Submit your application in person or by registered mail and wait for the results.

At the end of this article, I would like to emphasize that the evacuation of cars for illegal parking is used in those places where cars interfere with other road users. If you carefully choose a parking spot, you won’t have to communicate with the impound lot employees.

In addition, I suggest you watch a funny video about the evacuation of a vehicle:

Appeal against the towing of a car for illegal parking

In most cases, cars are towed for real violations: failure to comply with parking rules, drunk driving, etc. But there are situations when the actions of traffic police officers are truly unlawful. In this case, the driver can challenge the towing of the car and return the money paid for being in the impound lot, as well as cover legal costs.

Reasons for evacuation

Before challenging the evacuation, you need to make sure you are right. To do this, it is enough to familiarize yourself with the reasons why a vehicle can be towed legally:

Violation of parking rules. Parking spaces are marked with special signs, or separate pockets may be allocated. If a car is parked under a prohibiting sign, it will be towed.
Driving a vehicle without the appropriate license. If the driver’s license is simply forgotten at home, the traffic police inspector has the right to draw up a report and evacuate the car until the deficiency is corrected (the certificate is presented).
The driver is driving while intoxicated. Evacuation is possible if the vehicle's engine is running. When a citizen simply drinks in a car without moving, the actions of the traffic police inspector are considered unlawful.
Parking the car near the bus stop (less than 15 meters).
Parking in the wrong place: at a bus stop, pedestrian crossing, sidewalk, lawn, etc.
Failure to comply with the rules for the movement of cargo and other large equipment: driving a vehicle weighing more than 3.5 tons where it is prohibited.
Violation of the procedure for transporting dangerous and explosive substances: lack of permission, route of movement, special signs, etc.
Use of alcohol or drugs immediately after an accident before visiting the traffic police. This prevents an objective examination if the inspector deems it necessary to appoint one.

When parking near a “No Stopping” sign, the driver is subject to a fine if his vehicle interferes with the movement of other cars.

How is evacuation carried out: order

It is worth noting that traffic police officers must follow a certain procedure for the evacuation of cars, because its violation is the most common reason for challenges by citizens.

What the procedure looks like:

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The inspector discovers a violation. If it can be eliminated on the spot, no arrest will be made. The same applies to the appearance of the violator before the start of loading onto the tow truck: in this case, you will only be able to “get off” with a fine.
At the place of detention, a protocol is drawn up, which is signed by two persons - the inspector and the violator. The document is drawn up in two copies indicating the exact details of the violation.
After detecting a violation, a traffic police officer calls a tow truck. It must be obtained when the offender’s vehicle is fully loaded and the evacuation vehicle begins to move.

If the car is evacuated without the presence of the owner, the latter receives a decision on administrative liability at the registration address.

The document contains:

date of arrest;
the amount of the fine;
FULL NAME. inspector who made the decision.

If the owner discovers the absence of a vehicle, first of all it is necessary to find out the phone number of the impound lot attendant and clarify the presence of the car there. If there is no data, you should report the theft to the police. Cars can only be placed in the impound lot after evacuation.

Cost of evacuation

The total amount payable depends on the region where the evacuation took place.

It consists of three components:

fine;
payment for tow truck services;
payment for impound parking on a daily basis.

For example, in Moscow, delivery of a car to an impound lot averages 5,000 rubles . depending on the category. For storage in an impound lot you will have to pay 1,000 rubles. per day.

The amount of the fine depends on the specific violation:

How to challenge evacuation: step-by-step instructions

The challenge procedure itself consists of several stages:

The owner picks up the vehicle from the impound lot. There is no need to pay a fine or other expenses before visiting the impound lot: citizens have 60 calendar days from the date of evacuation to do this. If less than 24 hours have passed from the arrest to the appeal, parking of the car is not paid.
The citizen applies to the district court to challenge the protocol and confiscate the vehicle. To do this, it is first recommended to collect evidence of the inspector’s illegal actions: photograph the place of detention, obtain witness testimony.
After filing a claim, the case is reviewed within 10 days. The result is the issuance of a court order, on the basis of which the fine and the obligation to pay the impound must be cancelled.

In addition, according to the law, the car owner has the right to demand compensation for legal costs if he had to hire a lawyer or conduct various examinations.

After the decision enters into legal force, copies are sent by the court to the parties - the plaintiff and the defendant. It is on the basis of this document that they must act.

Both parties also have the right to challenge the decision on appeal. In this case, the complaint is filed with the court that accepted the document, and then forwarded to a higher judicial authority.

If the court takes the plaintiff’s side, the traffic police decision is canceled. He is exempt from paying fines and paying the cost of keeping an illegally towed vehicle in the impound lot.

Documents for court

A statement of claim, a passport, a copy of the decision, documentation from the impound lot, and a detention protocol must be submitted to the court. Photos and videos can be used as evidence. In the application, you can make a request to attract witnesses during the consideration of the case.

State duty

According to Art. 333.36 Code of the Russian Federation, plaintiffs in cases challenging decisions of government officials are exempt from paying state fees.

What to do if the car is damaged as a result of evacuation?

Another situation when a car owner can recover money is the discovery of damage caused during the towing process. Proving this is problematic, and in some cases it is necessary to conduct an examination.

What to do if damage is discovered at the impound lot:

Inspect the car thoroughly. Upon arrival at the parking lot, employees draw up a special report reflecting all visible damage. Only this organization is responsible for the safety of the vehicle, but if the examination shows that the damage was caused during the loading and transportation of the car, the company providing tow truck services will be responsible. Despite the fact that the detention is carried out by order of the traffic police inspector, he does not bear civil responsibility for the safety of the vehicle.
Draw up a report indicating the damage detected. Its signing is mandatory for all owners picking up cars from parking lots.
Conduct an examination (if necessary). The cost of services from expert companies varies from 5,000 to 20,000 rubles . depending on the complexity.
Send a written claim to the manager of the impound lot indicating the requirements for damages. The cost is determined by the expert and reflected in the conclusion.
Wait for an answer. 30 days to consider citizens' appeals .
File a claim for damages in court. It is relevant that if a pre-trial settlement was not carried out, the citizen was denied payment of compensation or was not given a response to the claim.
Get a court decision. The proceedings last no more than two months.

The court decision takes legal force 1 month after its issuance. After this date, the plaintiff must appear in court, receive a writ of execution and a copy of the decision. Both parties are required to act on the basis of this documentation. If the defendant is ordered to compensate for damages, payments must be received within the time frame established by the court.

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

One of the reasons for the evacuation of vehicles, which becomes a stumbling block and the basis for heated disputes with traffic police officers, is parking in the wrong place or in violation of established norms and rules. Due to the need to repay the cost of transporting the car to its location, as well as its downtime, motorists are often faced with the need to challenge the towing of the car for improper parking. In such situations, it is necessary to clearly know your rights and obligations, as well as understand how to act if any actions on the part of the traffic police are carried out in violation of the established procedure.

For what reasons can cars be towed?

Most often, those vehicles that are left by their owners in violation of parking rules are taken away, but, in general, the list of possible reasons why such an action is allowed is as follows:

The subject does not have documents that give him the opportunity to drive the car. In fact, if a person is detained who does not have the right to drive a vehicle of a certain category and no one else can drive it, the car must be transported to the impound lot;
Driving a vehicle with a faulty brake system. Such a violation refers to those that do not make it possible to operate the car - even towing such a vehicle is strictly prohibited. In this regard, it will be possible to deliver it to the repair site only if a tow truck is called;
Driving a car without having any documents for it. This fact may be grounds for excluding the fact of theft. In this regard, until the circumstances are clarified, the car is escorted to the impound lot.

Evacuation in case of violation of parking rules

Separately, it is worth considering all possible violations that may occur when a vehicle stops for 5 minutes or more, which is already defined as parking. Such situations often become the cause of litigation, since in most cases the motorist is not near the car at the time of evacuation and does not have the opportunity to protect his rights. According to current laws, evacuation is permitted in the following situations:

Stopping a vehicle in the wrong place;
Parking in areas where it is prohibited. An important point in such a situation is the need for special signs or whether a certain situation falls under a clear formulation of the traffic rules, when one of the articles of the traffic rules regarding the parking ban may apply;
Stopping a car on the roadway if such an action would impede the movement of other cars;
Parking in a place that is located less than 15 meters from a public transport stop;
Parking a car in a place where it interferes with normal visibility of the traffic light signal - most often this violation applies to large vehicles;
Obvious disregard for existing norms and regulations for the transportation of dangerous goods;
Failure to comply with norms and rules ensuring the safety of road users;
Evading a medical examination in the presence of obvious signs of alcohol intoxication in a motorist.

In general, situations often occur in which traffic inspectors exceed their rights and motorists are obliged to pay certain amounts for transportation to the impound lot and the presence of the car on its territory, completely unreasonably.

Drawing up a protocol

The protocol must be signed by the inspector and the violator himself (if he is currently close to the car). The registration is carried out in two copies and the document must contain the following information:

Date of evacuation, time and place of implementation;
Base. Moreover, the traffic inspector must indicate as such a factor the article of the traffic rules and the point that was directly violated by the driver;
Full name and position of the inspector who carried out the evacuation actions;
Data about additional devices and items contained in the car. Most often, this action is carried out to ensure the safety of things;
Information about any malfunctions or breakdowns in the vehicle. Recording them prevents any disputes arising as to whether the car was damaged during transportation or while parked.

Payment of fines and other expenses

The emergence of disputes regarding improper evacuation of a car is most often associated with a large amount that the vehicle owners ultimately have to pay. This amount will consist of the following items:

A fine issued on the basis of an administrative offense. It will determine the punishment for violating traffic rules, which is determined on the basis of the current version of the Code of Administrative Offences;
Cost of actions to evacuate a vehicle. It will be determined depending on the type of car that was transported to the impound lot and will amount to 3 thousand rubles. In some cases, the payment will reach an amount of 27 thousand rubles - such payment awaits the owners of cargo vehicles;
Payment for keeping a car in a parking lot . It will also be determined based on the type of vehicle and range from 1 thousand rubles for every day that the car spent on the site.

Motorists who have no other way to interfere with the actions of traffic police officers often try to take advantage of this fact. Moreover, such an action, although it will stop the unwanted process, will still become the basis for increasing the fine for disobedience to traffic police officers.

Challenging the evacuation

One of the options for challenging innocence may be for the car owner to go to court - such an action is only possible if the motorist is completely confident that he is right, since it is necessary to present strong evidence. Otherwise, the application may not even be accepted for consideration.

The appeal procedure consists of the following mandatory actions:

Payment of the required fine;
Receipt of the vehicle by its owner. An important point is that the motorist has the right not to pay for parking the car if he picked up the vehicle before 24 hours have passed from the time it was evacuated;
Filling out a statement about the illegality of the actions of State Traffic Safety Inspectorate employees. You will need to attach evidence to your application. This could be photo or video filming, in which the absence of prohibitory signs or witness testimony will be clearly noticeable;
Sending the application for appeal to the appropriate service. It is worth noting that the consideration of such cases is currently associated with certain difficulties and they take a lot of time - it sometimes takes several months to proceed and make a final decision. Therefore, you should not count on a quick solution to the problem.

As a rule, those motorists whose cost of paying for towing and keeping their car in the impound lot amount to a large sum are involved in the dispute.

As a rule, if an action to appeal an evacuation occurs within Moscow, then first of all motorists turn to the Moscow Administrative Road Inspectorate. If this does not produce results, otherwise you can already go to court or the prosecutor’s office.

When submitting an application, you will need to indicate the following points:

Name of the authority where the document is sent;
Full name of the person to whom it is transferred;
Full name of the applicant;
Address of the motorist's permanent location;
Information about what violation was recorded;
Description of the violation or lack thereof on the part of the applicant;
List of documentation attached to the application;
Date of preparation;
Signature of the person who sent the document to the court.

So, if there is evidence of unlawful actions on the part of the traffic police officer, which took place during the evacuation of the car, the owner of the car has the opportunity to challenge them. This action is carried out by filing a complaint, which must be accompanied by materials and evidence that the motorist did not violate the established traffic rules. If a decision is made in favor of the driver, all funds collected from him must be returned.