How to challenge a fine for parking on the lawn

When identifying parking lots on lawns, MADI inspectors are guided by the appearance of the area and do not consider paved areas to be lawns

The GARANT.RU portal has received reports that in the capital, car owners are being held administratively liable for parking in asphalt areas, which are included in the Moscow register of green spaces and are considered lawns. Such parking spaces in some areas of Moscow are equipped by building owners or tenants of premises.

Let us remind you that in accordance with Moscow legislation, the fine for citizens for placing vehicles in areas occupied by green spaces is 5 thousand rubles. (Article 8.25 of the Moscow City Code on Administrative Offenses).

We asked the capital's authorities to comment on this situation and received the following response from the Moscow Administrative Road Inspectorate (MADI).

The department's press service reported that situations where citizens or organizations illegally convert lawns and other areas occupied by green spaces to suit their needs are indeed possible. In particular, such areas can be filled with asphalt to park cars.

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It is explained that inspectors, when identifying violations of parking rules, are guided not only by the Moscow Register of Green Spaces and the territory’s affiliation with it, but also by the external signs of a particular area. In particular, for the presence of grass, bushes, trees, etc. The MADI press service added that to record cars that are located in areas classified as lawns, inspectors use a special program that does not allow photographing an area that is not included in the specified registry.

In other words, as the press service explained, if an inspector sees a paved area without any signs that “give away” a lawn, then he will not check whether this area belongs to the register of green spaces or not.

In this regard, it is noted that citizens who placed their vehicles not on an asphalt area, but on an area occupied by green spaces, were brought to administrative responsibility. It is clarified that in all cases the cars crossed the curb and were on the ground overgrown with grass, in close proximity to trees and bushes.

The MADI press service also reminded that if a citizen does not agree with the decision made against him to bring him to administrative responsibility, he has the right to appeal it. As specified on the official website of MADI, complaints can be submitted in person to the address: Moscow, st. Kalanchevskaya, 49 from Monday to Thursday from 8.00 to 17.00, on Friday from 8.00 to 15.45. In addition, it is explained that complaints with the necessary materials attached can be sent by mail to the same address or through the Autocode portal.

In accordance with current legislation, within three days from the date of receipt of the complaint, department officials must send it with all materials to the appropriate court, higher authority or higher official (Part 1 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation). A complaint can also be filed directly with the court - moreover, at the place where the offense was committed, and not at the location of the relevant body (clause 30 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on administrative offenses").

The period within which a complaint must be filed is 10 days from the date of delivery or receipt of a copy of the decision on an administrative offense (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline is missed, the judge or official considering the complaint can reinstate it. To do this, it is necessary to draw up a petition for the restoration of the missed deadline (Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). It is reported that samples and forms of complaints, petitions and other necessary documents are posted on the official website of MADI: madi.mos.ru/sample-applications/.

In both cases, as MADI emphasizes, the applicant’s handwritten signature is required. Additional materials confirming the information contained in it can be attached to the complaint against the decision on an administrative offense. This can be photo and video materials, copies of documents and others.

The department's press service also indicated that citizens who discovered that lawns in the courtyards of their houses have become parking areas for cars can send their appeals to the relevant prefectures. The department assured that the necessary measures will be taken regarding them, although it did not specify which measures.

For our part, we would like to give citizens advice on how to avoid accidentally parking on a paved lawn. We recommend checking for signs prohibiting parking on the premises. It is also worth paying attention to whether the signs allowing parking are made by the owners or tenants of the buildings themselves. In addition, it does not hurt to make sure that there are no trees or bushes in the immediate vicinity of the proposed parking area.

How to challenge a fine for illegal parking on a lawn

A parking fine is possible if the motorist simply drove over a curb, which a traffic police officer may regard as a full-fledged lawn. A law with a specific fine amount is adopted at the regional level, since the Code of Administrative Offenses of the Russian Federation does not indicate a specific amount of fines.

Grounds for appeal

The main source of dirt in a populated area is earth and soil, which are eroded and moved by car wheels onto the roadway. Local authorities can deal with violators by installing lawn barriers. But the problem is what is meant by a lawn and how should a driver act if there are no signs prohibiting parking, and a lawn as such does not exist.

The fine can be 3-5 thousand rubles. The driver should fight if he is sure that he left the car in an authorized place, for example, on the edge of a road overgrown with grass or fenced with an artificial obstacle that was not installed in a technical way. You can challenge the fine through administrative and judicial means. You do not need to file a claim for this. It will be required if the car was damaged as a result of illegal towing. The plaintiff must prove the existence of damage.

What should a driver do?

When appealing a parking fine, specific circumstances and the applicant’s evidence base are important. You can record the situation using photos and videos, including taking measurements of the lawn. Such a piece of land should have the following characteristics:

area with grass and shrubs;
area with a fence (curb), but without asphalt pavement;
an area limited to certain sizes and included in the technical plan of the area - that is, when there are specific designations of a certain piece of land as a lawn.

Traffic police officers, MADI employees, and even a local police officer have the right to hold a citizen accountable. The residents of the house have the right to call the latter. Then the district police officer will draw up a protocol on the offense, which will be approved by the city administration or other local government authority. The fine must be paid on time.

At the same time, it is possible to pay for tow truck services. You should try to challenge a fine for parking on a lawn administratively - to do this, you should send a complaint to the State Traffic Safety Inspectorate, MADI (Moscow Road Inspectorate).

Reinstatement of the deadline is allowed only for a valid reason.

Contents of the statement

The application must be written in compliance with the rules of Art. 30.1-30.7 Code of Administrative Offenses of the Russian Federation. It must indicate:

The name of the official authorized to consider appeals from citizens or representatives of legal entities.
Information about the applicant, including information about his place of residence and contact details (if available).
Information about the filming of the offense - for example, if it was filmed using automatic recording devices, and the information in the document (“chain letter”) is questionable.
Description of the offense and reasons why the decision made does not correspond to the actual situation.

Specific evidence may be attached to the application: photographs, video materials. In some cases, if you follow the principle, you can order an examination that will confirm the characteristics of the site as a lawn, or provide a negative conclusion.

The decision can be appealed to the magistrate at the place of residence of the applicant. An application of similar content is submitted to the court. The judge examines the position of the parties, hears testimony from the applicant, as well as from a representative of the administrative body. If the decision was not made in favor of the applicant, then the judicial act can be appealed to the appellate instance.

Process of proof

To cancel a decision of the State Traffic Safety Inspectorate or the Moscow Automobile Inspectorate, fairly weighty arguments are needed. Among them may be:

Absence of an offense: the car was not parked on the lawn, there are no administrative procedural materials - protocols, resolutions.
The driver was not the owner of the car. In this case, the court can still leave the decision on the fine in force, since responsibility for finding the car still falls on its owner.
The car was moved onto the lawn due to an emergency, for example, in order to remove it from the roadway.

Each situation is individual and requires detailed research. The possibility of parking a car on the lawn in the yard causes controversy. The car may not interfere with pedestrians and vehicles, but the law also applies to areas inside the yard. Law enforcement officers issue protocols on bringing to justice mechanically, often without delving into the substance of the situation.

The car may be located on a piece of land that looks like a lawn. You will have to prove it based on specific facts and testimony of witnesses.

Most officials treat offenses formally, automatically finding drivers guilty. Motorists can only refer to specific facts and convince officials and the court of their innocence.

What does a positive result depend on?

Successfully challenging a fine for parking on a lawn is possible in the following cases:

the car was not parked on the lawn;
the subject of the offense did not drive the car or the car was not registered in the name of the citizen held accountable;
the protocol of the offense was drawn up with significant errors - regarding the date, time, place, event of the offense;

A legal entity may also be held liable. The company and the citizen who own the cars have 10 days to challenge the fine. You can challenge a fine decision that has already entered into force. To do this, you must submit an application to the regional court of the Russian Federation.

Experts recognize that the cancellation of a fine, subject to all the formalities of its registration, depends on the discretion of the court and the official court. Or you will have to provide conclusive evidence of the absence of an offense.

List of possible evidence

It is advisable to use as evidence base:

Photos and videos.
Testimony of witnesses.
Written materials.
Examination results.

You can attach other evidence - audio materials, procedural documents, previous court decisions, explanations of the parties, for example, the owner of a car who committed a violation in the absence of the owner.

Instructions

If the driver does not find the car at the site, then he should:

Call the local traffic police and find out about the location of the car.
Appear at the traffic police and receive a protocol, a resolution, and express disagreement with the resolution in writing.
Send a complaint to an official within 10 days after bringing a citizen to administrative responsibility.
If you receive a refusal, prepare a complaint to court.
Challenge the decision of the courts in the regional court and the Supreme Court of the Russian Federation.

Experts admit that it is often much easier to pay a fine than to spend money on administrative and judicial litigation. In a difficult situation, it is also advisable to enlist the support of a qualified defense attorney.

Fine for parking on the lawn: how to challenge?

The traffic rules define special places for parking a car. These can be not only equipped parking lots, but also places in residential courtyards. At the same time, there are places where parking a car, even for a short period of time, is prohibited. One of these places is lawns. They are created to decorate city streets and local areas. Parking a car disturbs the appearance of lawns.

What does the law say?

The law provides for liability for parking a car on the lawn. Sanctions are specified in Article 12.19 of the Code of Administrative Offenses of the Russian Federation. The law does not provide for a separate provision specifically regarding lawns.

Responsibility arises for the very fact of violating the parking rules. The violator will be prosecuted under Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation.

What is considered a lawn?

The traffic regulations do not clearly define a lawn. It is mentioned only when describing a sidewalk: “A sidewalk is an element of a road intended for pedestrian traffic and adjacent to a roadway or bicycle path or separated from them by a lawn.”

This concept is disclosed in some regional documents. For example, the law of the Moscow region dated December 30, 2014 No. 191/2014-OZ “On landscaping in the Moscow region” states that a lawn is an element of landscaping, which is an artificially created surface area, including grass and the possible placement of green plantings and park structures.

Thus, the lawn is not just a piece of land. It must have certain properties:

It is an artificially created surface area. That is, a vacant lot overgrown with wild nettles or bushes is not a lawn.
The lawn may include grass, green space and park structures. However, these elements may not exist.
An area with a fence (curb), but without asphalt pavement.
A territory limited to certain sizes and inscribed in the technical plan of the area - that is, when there are specific designations of a certain piece of land as a lawn.

What is the amount of the administrative penalty?

As a measure of influence, a monetary fine is applied to the violator. Its size depends on the place where the administrative offense was committed.

If the offense was committed in the capital of the Russian Federation, then the fine will be 2,500 rubles (Part 5, Article 12.19 of the Code of Administrative Offenses of the Russian Federation).
In addition to this, regulations have been adopted at the city level that are relevant to such violations.

Article 4.18 of the Code of Administrative Offenses of Moscow establishes a fine for damage to green spaces using vehicles from 4 to 4.5 thousand rubles for individuals. If the violation was committed by an official or organization, then the amount will increase to 50 or 300 thousand, respectively;
Article 8.25 of the Code of Administrative Offenses of Moscow provides for liability for placing a vehicle on a lawn or other area occupied by green spaces. In this case, the citizen will pay 5 thousand rubles, the official - 30, the organization - 300. In addition, the violator will be obliged to restore the damaged plantings.

Administrative penalties in other areas

In other regions, liability arises under Part 1 of Article 12.19 of the Code of Administrative Offenses of the Russian Federation. In this case, the fine imposed on the violator will be 500 rubles.

What to do if you receive a fine?

After the decision to impose a fine is made, a notification and a copy of the decision to prosecute is sent to the place of registration of the violator. They reflect all the information about the violation, with reference to the normative act, as well as the contact details of the official who made the decision, the deadline for paying the fine and the appeal procedure.

In such cases, the recipient may pay the fine or challenge it.

How to pay for a violation?

Payment of the fine is made according to the details specified in the notification. Direct deposit of funds can be carried out in several ways.

First of all, the violator can personally come to the bank and pay the fine in cash. You can use a bank card and payment terminal.

You can also pay the fine remotely. To do this, you can use the State Services portal. You need to register and create your personal account. When paying a fine on the portal there is a 30% discount.

According to the same principle, payment is made through online banking.

How can I challenge it?

The driver can challenge the decision if there are grounds for doing so. This applies to parking space. If the site does not have plantings, fences and is not included in the plan as a lawn, liability can be avoided.

First, you must send a complaint to the authority that made the decision to impose an administrative penalty. Such an appeal must be considered within 30 days from the date of its receipt.

The complaint must describe in detail what happened, as well as justify your appeal, if possible, in documents.

If this does not give the desired result, then the fine is contested in court. To do this, you need to file a claim.

It states:

The name and address of the court to which the claim will be filed.
Information about the plaintiff - last name, first name, patronymic, place of registration, contact phone number.
Information about the defendant - the name of the body that made the decision.
A detailed description of what happened - where and when the car was left, whether it was evacuated to the impound lot, the amount of the fine imposed, the measures that were taken to peacefully resolve the dispute and the result obtained.
Plaintiff's claims. In addition to canceling the fine, you can demand compensation for moral and material damage caused.
List of attached documents.
Date and signature of the plaintiff.

Attached to the application is a passport, a copy of the claim for the defendant, and a resolution to impose a fine. The claim is considered within two months. Based on the results, a decision is made to refuse, partially or fully satisfy the plaintiff’s claims.

When is parking permitted?

Essentially, a traffic violation is not following the rules. Prohibition signs have been installed in many places. This simplifies the task. In many local areas, residents themselves install warning signs, for example, “lawn, do not park cars.”

But in some cases, the necessary designations may be missing. In such cases, it is necessary to focus on the condition of the site itself. If it is not separated by a curb or other barriers, it does not have green spaces, but you can park.

It should be remembered that the lack of space in a specially equipped local parking lot does not give the driver the right to park on the lawn.

How can you complain about a violator?

Every citizen has the right to respond to violations of the law. This also applies to cases of violation of parking rules.

You should first contact the traffic police. This can be done over the phone without contacting the police in person. It is enough to inform the duty officer about the location of the offense, the make, model, color and number of the vehicle. You can take a photo of the car or shoot a video.

You can file a complaint with the local administration, the company managing the apartment building, or the housing department.

Can a driver be fined by someone other than the traffic police?

Despite the fact that you can complain about a violator not only to the police, but also to the municipality or the Criminal Code, not all authorities have the right to impose a fine on the guilty person.

This is the responsibility of the traffic police. As part of the administrative process, the head of the authority decides to impose a fine.

In some regions, the local administration is vested with such rights. This possibility is enshrined in regional regulations.

At the level of constituent entities of the Russian Federation, special bodies can be created that deal with parking issues.

For example, in Moscow the Center for Traffic Management was formed, created under the Moscow Government. Its head has the right to make decisions to impose administrative penalties for violations of parking rules.

If the vehicle is left on the lawn, the driver will face a fine. The amount depends on the location of the offense. For example, in Moscow the fine is much higher than in other regions. To avoid problems, you need to pay attention to the presence of green spaces, fences, prohibition signs and information signs.

How to challenge a fine for parking on the lawn

According to Art. 8.25. The Moscow Code of Administrative Offences, the fine for parking on the lawn for legal entities on the territory of Moscow is 300,000 rubles.

Recording of violations, as a rule, is carried out automatically using special recording means, followed by consideration and the issuance of a decision based on photo and video materials.

The functional body that identifies violations, records them and issues decisions imposing a fine of 300,000 for parking on the lawn is the Moscow Administrative Road Inspectorate (MADI). The same body sends decisions to the perpetrators.

WHERE TO APPEAL A FINE FOR PARKING ON A LAWN?

A complaint against the MADI Resolution on imposing a fine for parking a legal entity’s car on the lawn can be sent to the head of MADI or to the district court of territorial jurisdiction. In the first case, the complaint must be considered by the head of MADI no later than 10 days from the date of its receipt, and no later than 2 months if the complaint is filed directly with the judicial authority.

HOW LONG DOES CAN I APPEAL A FINE FOR PARKING ON A LAWN?

A legal entity has the right to appeal the decision issued by MADI imposing a fine of 300,000 for parking on the lawn no later than 10 calendar days from the date of delivery of the decision to the representative of the organization (the culprit). If the last day to appeal falls on a weekend or holiday, the deadline is extended to the first working day. A note indicating the delivery of the Resolution to a legal entity is placed in the postal notification of receipt of a registered letter. Also, the moment of delivery can be tracked using the identification number indicated on the Resolution on the Russian Post website.

HOW TO CHALLENGE A FINE FOR PARKING ON A LAWN IF YOU MISSED THE DEADLINE TO APPEAL IT?

If the deadline for appealing a fine for parking on a lawn has been missed, a petition to restore the missed deadline must be attached to the complaint against the Resolution. It should be borne in mind that the missed deadline will be restored only if the reason for missing it is considered valid (for example, a change of legal address, illness of the head of the organization, his business trip, etc.). In other words, the organization must provide evidence that it was not able to send or file a complaint signed by an authorized person within the prescribed time limit. After the deadline was restored, the case of appealing the MADI fine for parking on the lawn, imposed on the legal entity. person will be dealt with in the normal manner.

WHAT ARE THE CHANCES OF APPEALING A FINE OF 300,000 RUBLES FOR PARKING ON A LAWN?

Since the introduction of Art. 8.25 of the Code of Administrative Offenses of the Russian Federation in Moscow (i.e., since 2015), a very definite judicial practice has developed regarding appealing fines for parking on the lawn in the amount of 300,000 rubles.

We can say unequivocally that today, such simple ways of evading payment of a fine for parking on a lawn, such as: presenting to the court a lease agreement with an individual with a receipt for receipt of money, a vehicle purchase and sale agreement, etc. - NOT THEY WORK! Moreover, it is no longer enough for the courts that the organization provides evidence of the actual execution of the lease agreement. Is it worth talking about how the courts evaluate arguments about the absence of a green zone in a parking area when it is covered with snow, washed out with mud, trampled, etc.

In our opinion, the prevailing approach of the courts contradicts the procedural legal norms on evidence and proof, as well as the presumption of innocence enshrined in the provisions of the Code of Administrative Offenses. However, this is the reality and it dictates the need for more thorough preparation for the trial.

By the way, you can verify the objectivity of the above for yourself by simply reading the decisions on similar cases on the websites of the district courts of Moscow - they are in the public domain.

WHAT TO DO?

In order to successfully challenge a fine of 300,000 rubles for parking on a lawn imposed on a legal entity. person, it is necessary to provide UNCONDITIONAL evidence that releases the organization from liability and carefully prepare the pre-trial case.

Exactly what measures need to be taken and what evidence to prepare depends on each specific situation. Over 2 years of practice in cases of appealing fines for parking on the lawn, we have conducted a large number of trials, and each time we are forced to apply individual decisions. Unfortunately, there is no single approach here. However, over the entire period of working with this category of cases, our auto lawyers have studied all its nuances and successfully appeal MADI Resolutions in almost any case. We will help you too!

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REMEMBER, TIME TO APPEAL IS 10 days!
If you missed this deadline, we will restore it.

You can send a scan of the MADI Resolution for review to the following address: [email protected]

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Appealing a MADI fine for parking on the lawn

Good afternoon. I am moving house and in order not to block the exit in the morning for cars opposite the entrance, I parked the car at the electrical substation on the only free piece of land, where there is really no grass and no fence, and as a result, MADI received a fine for parking on the lawn (the photo in the fine shows that there is grass only under the car, the wheels are on the ground (i.e. I don’t destroy green spaces) and the photo doesn’t show either an address or a house to which the photo could be linked). Please tell me what (what articles) should I rely on to appeal?

Clarification from the client

According to the law of Moscow, is it prohibited to temporarily stop on the lawn (green area)?

The Code of Administrative Offenses and the Traffic Regulations do not have a clear concept of what a lawn is, but you are still fined for driving on it. Such fines are determined locally; in other words, each region has its own amount of administrative fines for driving through plantings.

In courtyard areas, as far as I know, green spaces are recorded in the cadastral plan and there are no such plantings there. But at the level of the law on the protection of green spaces, natural lawns are also considered plantings.

A lawn is a piece of land with a specially created grass cover, mostly trimmed evenly and short.”

But, as far as I know, the great Soviet encyclopedia is not a normative document. Therefore, this definition of lawn can be ignored.

We are looking further. A long search led to the fact that a more or less clear definition of the concept of “lawn” was found in regional documents.

For example, the law of the Moscow region dated November 29, 2005 N 249/2005-OZ “On ensuring cleanliness and order in the territory of the Moscow region” gives the following definition:

“A lawn is an element of landscaping that includes trimmed grass and other plants. (as amended by the “Law” of the Moscow Region dated February 28, 2007 N 30/2007-OZ)"

But it should be noted that this definition applies only to the Moscow region. Residents of other regions should look for definitions in their regional documents.

Let's look at the concept for Moscow. What follows from the above concept?

1. The lawn must have mowed grass, otherwise it is not a lawn.

2. There may be other plants on the lawn, but if the grass is not cut, then it is not a lawn.

3. If there is no grass, then it is not a lawn.

Everything is clear with the definition. But if you do not live in the Moscow region, then for your city you need to clarify the definition. You will not be able to refer to the law of the Moscow region for protection. For other areas I could not find relevant laws. And there are 2 options: either there are no such laws in principle, or they are not on the Internet.

In general, one gets the impression that the term “lawn” is deliberately shrouded in darkness in order to rip off fines from car owners. There are no proper parking lots, nowhere to park cars. It often happens that a motorist parks his car on a piece of land without grass, but he is still fined. You will learn about what to do in this situation and what fines are provided for parking on a lawn in the next article in the series “Lawn or not lawn: that is the question.”