Appealing a fine for illegal parking

Appealing a fine from the State Public Institution "AMPP"

Situations often arise when penalties for incorrect or unpaid parking are imposed on drivers who did not violate the rules. Employees of the traffic police and other responsible institutions sometimes make mistakes. Also, the fine system itself may fail by sending a notification receipt to the wrong recipient or for a different amount.

If the motorist is sure that he has not committed any violations, but has received a collection notice, he can appeal it directly to the sending organization itself or in court. Learn how to file a complaint about a parking ticket below.

The legislative framework

The main legal act regulating the rules for parking vehicles and the system of penalties for failure to comply with them is the Code of Administrative Offenses. This document contains the amount of penalties for a particular violation, as well as the procedure for their payment.

Motorists are advised to familiarize themselves with the following provisions of the Code of Administrative Offenses of the Russian Federation:

Chapter 12 – about violations in which it is possible to pay only 50% of the amount of the penalty;
Part 1.3 of Article 32.2. – about methods of paying half of the fine;
Clause 1 of Article 30.3 – on the deadlines for appealing against illegal parking and other violations.

The imposition of penalties is entrusted not only to the traffic police, but also to other authorized authorities. For example, in Moscow, fines for unpaid parking in a paid parking zone are issued by the State Unitary Enterprise "AMPP" (State Unitary Enterprise "Administrator of the Moscow Parking Space"), and if the parking and stopping procedure is violated, the driver will receive a notification from MADI (Moscow Traffic Inspectorate).

Appealing a fine

In order to challenge the imposed penalty, you first need to clarify which institution issued it - further steps depend on this factor:

if the code begins with the numbers 782 (for a 20-digit combination) or 035604 (for a 25-digit combination) - this is a notification from MADI;
if the numbers 780 or 0355 appear at the beginning, then the fine was imposed by the AMPP for non-payment of parking. Such notices are sent automatically;
The combination of 188 starts with the codes for sanctions from the State Traffic Inspectorate.

Help: You can find out whether you belong to an institution using a unique accrual identifier - a combination of 20-25 digits, which is printed on the received receipt.

A sample complaint against AMPP to the court is presented below.

Which court to involve

If the car owner has to act through the court, then he should contact this authority directly at the place of the violation. It is stated in the received notice of payment of the fine. The driver must know the name of the street and number of the nearest house where he parked the car incorrectly, and find a court of general jurisdiction or a magistrate court near this place.

Attention: The statement of claim along with the necessary documentation must be submitted within 10 days from the date of receipt of the fine receipt, which must also be attached to the claim.

How to appeal

To properly challenge a foreclosure notice you receive, you need to follow a certain procedure. It is presented below:

It is necessary to carefully review the fine receipt and find out which institution imposed the penalty.
Collect the required documents that will confirm the driver’s innocence: photos from the parking lot where there are no necessary road signs and markings that indicate a paid parking zone; arguments in favor of the fact that the car was in a different place at the specified point in time; receipts for payment for a parking session, etc.
Write a statement that describes the situation in detail and provides evidence of the motorist’s innocence.
Send a complaint with a set of documentation to the organization that imposed the fine or to the court. This can be done in person, by mail or online.
It is imperative to monitor the process of accepting documents. It is important that the request is officially recorded in the incoming correspondence log.

Complaints to the court against AMPP or MADI are filed when these authorities refuse to satisfy the application.

How to write an application

Regardless of which institution the complaint for an unlawful fine is filed with, the text of the statement will not be different. Here you need to write down all the information about the penalty received: by whom and when it was issued, for what, in what amount, the number of the resolution. The text of the document header will depend on the organization issuing the fine. The recipient's address must also be indicated here.

At the end of the document, you need to describe why the driver considers the received parking fine to be unauthorized. It could be:

absence of an administrative violation. It is advisable to use this argument when the parking lot is not marked with any signs or markings, and drivers are not able to understand whether it is possible to stop in this area;
irreparable defect of violation notice. This reason can be indicated when in fact the car was in a different place and the driver has the necessary evidence.

Advice: Also, the decision to collect can be challenged due to formal violations. For example, when procedural rules were violated when writing a resolution or the recording of an offense was carried out improperly. But in this case, it is recommended to contact an experienced legal adviser.

How to dispute via the Internet

Specialized online services provide the opportunity to appeal a fine from the AMPP or MADI. If a driver has received a notice of non-payment for parking or for parking in the wrong place in Moscow, then he can contact the Autocode portal.

How to use the Autocode website

First, you should go to the web portal avtokod.mos.ru and enter the number of the received parking fine notice in the appropriate column. This action will help you understand where the penalty was issued - MADI or AMPP.

Important: If the motorist has not appealed the fine within ten days after receiving it, he will need to write another petition - to extend the period for appealing the penalty. But for this you need to have good reasons.

After this, on the Autocode service you should indicate the argument that became the reason for filing the complaint. These include:

The car owner did not see the signs and markings about prohibited parking or paid parking due to their incorrect location.
The driver parked in an authorized place.
The motorist had to make a forced stop due to an accident or at the request of a traffic police officer.
The driver’s vehicle is listed as stolen, sold or transferred to another person for temporary use.
Parking was paid for, but the fine still came.
The driver has preferential conditions for parking: he has a disability, is a member of a large family, etc.

The application should be accompanied by scanned copies of documents and photographs that can prove the driver is right (accident report, parking receipt, disability certificate, etc.).

The final action will be to click the “Submit Complaint” button and wait for a decision. The department may grant the request and cancel the penalty, or refuse to correct the issued receipt.

How to appeal a fine from AMPP

Appealing a fine from the AMPP is the most common situation among incorrectly issued penalties. This is due to the fact that the functioning of the control system for paying for paid parking has not yet been fully established. Therefore, failures happen quite often. Submitting an application follows the general procedure, but the driver will need to put in a lot of effort to speed up the entire process. GKU specialists have a very busy schedule, so they do not always answer calls and often do not meet the deadlines for considering complaints.

In order to challenge a fine from the AMPP, you must be persistent and patient. Sometimes it happens that the driver paid for the wrong parking space. In this case, it’s easy to figure out - just show the paid receipt to prove that you’re right.

Thus, the procedure for appealing an incorrectly issued parking fine is quite lengthy, as it is related to the work of government agencies. Therefore, drivers must clearly formulate the text of the application and attach a complete package of documents so as not to make adjustments in the future.

Still have questions?

Consult a lawyer (free of charge, 24 hours a day, seven days a week):

8 (499) 938-42-45 — Moscow and Moscow region.

8 (812) 425-64-57 - St. Petersburg and Len. region

Appealing a fine for illegal parking

GKU "AMPP" notifies all car owners that the effect of Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation (on payment of half the amount of the administrative fine) DOES NOT APPLY to fines imposed for committing offenses provided for in Part 2 of Article 8.14 of the Code of Administrative Offenses of Moscow ("Non-payment for placement of a vehicle in a paid city parking lot"), and therefore such fines must be paid in full.

The possibility of paying half the amount of an administrative fine is provided only when paying a fine imposed for committing certain offenses provided for in Chapter 12 of the Code of Administrative Offenses of the Russian Federation.

The deadline for paying an administrative fine is sixty days from the date the decision to impose an administrative fine comes into force. Based on clause 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a resolution in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the resolution.

You can direct all questions regarding fines (except for the status of the complaint consideration) to the Unified Contact Center by multi-channel telephone: 8 (495) 539-54-54.

You can subscribe to the service of free information about fines on the vehicle registration certificate (VRC) by sending a free SMS message to the number 7377:

Subscribe: STS fine Series Number STS
(for example, STS fine 77VA123456)
Unsubscribe: stop STS fine Series Number STS
(for example, stop STS fine 77VA123456)

Find out about fines

There are several ways to find out if you have unpaid fines:

Send a free SMS message to the number 7377:
- according to the vehicle registration certificate (STS)
  Text: fine Series Number STS
  (for example, fine 77av123456)
- on a driver's license
  Text: fine VU series VU number
  (for example, fine 77VA 123456)
On the public services portal, the “Services and Services” section on mos.ru
You must enter the driver’s license number, or indicate the series and number, as well as the number of the vehicle registration certificate
For information: You can subscribe to notification of fines by SMS or email
The information provision service is working in test mode; Only fines accrued from March 11, 2012 .
On the traffic police website
You must enter the car number or driver's license number in the form, as well as the vehicle registration certificate number
For information: You can subscribe to notifications of traffic police fines by email
Through the Moscow Parking mobile application
You must fill in the driver’s license number or indicate the series and number, as well as the vehicle registration certificate number when setting up the application. Select the “Fines” menu item.

Challenge fines

For unpaid parking (fine of the State Public Institution “AMPP”, 5000 rubles):

Complaint against a decision in a case of an administrative offense (2 attachments: complaint form; sample for filling out a complaint). Handwritten signature required! ;
If you miss the deadline for appealing, you must write a petition to restore the missed deadline for appealing the decision on an administrative offense. (A complaint against a decision in a case of an administrative offense can be filed within 10 days (Administrative Code Article 30.3) from the date of delivery or receipt of a copy of the decision) (attachment: petition form);
Handwritten signature required!
Additional materials upon request: a copy of the resolution on both sides; a copy of the parking payment receipt; checks; SMS screenshots; payment details; a copy of the receipt for payment of the subscription/residence fee; a copy of the postal envelope; a copy of notifications about obtaining a preferential permit, etc.

Remotely:

To file a complaint against a decision on an administrative offense, you can use:

section “Leave a request” on the Unified Transport Portal transport.mos.ru
portal "Autocode".
mos.ru portal:
- follow the links from the “Services” section - Personal transport - “Traffic police fines” - Appeals to the AMPP;
- from the form of fines

A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint (Administrative Code Article 30.5).

Based on the results of the consideration, within three days .

If a complaint is filed by someone other than the person brought to administrative responsibility, the standard package of documents requires a power of attorney to represent the interests of this person in the State Public Institution "AMPP".

If a complaint against a resolution is filed on behalf of the general director, then copies of the order appointing him as general director or an extract from the Unified State Register of Legal Entities must be attached to the standard package.

Moscow, Sadovaya-Samotechnaya st., 1

Telephone number of the duty department of the traffic police unit, whose employees made the decision to detain the vehicle: 8 (495) 624-31-17 (24 hours a day)
Telephone TsAFAP ODD STSI State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia in Moscow 8 (495) 623-51-84 (24 hours a day)
The telephone number of the help desk of the traffic police department, whose employees made the decision to detain the vehicle : 8 (495) 623-49-09
(from 09.00 to 18.00)

Having received the receipt, traffic police officers will check the payment, after which the fine will be removed from the database as unpaid within three days. The traffic police reserves the right to additionally check documents.

You should only send a payment receipt if you paid the fine more than a week ago, but the data is still displayed as unpaid.

If the user paid the fine before receiving the decision to cancel the fine, it is necessary:

submit an application addressed to the General Director of State Public Institution "AMPP" describing the situation
attach all necessary documents
indicate the full correct details for transferring funds:

Application for refund

For violation of parking and stopping rules (MADI fine, 3000 rubles)

A complaint against a decision in a case of an administrative offense (can be filed within 10 days from the date of delivery or receipt of a copy of the decision)
Copy of the resolution (both sides)
If necessary, additional materials confirming the information stated in the complaint: photo and video materials, copies of documents, etc.

1) In any bank

ATTENTION! Inform the operator that the details must be entered manually! The purpose of payment must indicate the number and series of the fine order.

In all banks.
In the “Services and Services” section on mos.ru
Commission:
- 0.5%, min. 5 rubles on bank cards of Bank of Moscow OJSC;
- 1.0%, min. 10 rubles for bank cards of any issuing banks.

You can also pay a fine (except for the FYA and FYU series) on the traffic police website.

Where and how to challenge a fine from the AMPP, MADI and the State Traffic Safety Inspectorate for parking in Moscow?

The fines that can be issued to car owners are significant amounts. In addition to federal ones, there are also local regulations, violation of which leads to the need to fork out money. The larger the city, the more difficult the situation on the roads, the more rules and, accordingly, the more violations and fines.

In this sense, Moscow is the apotheosis of traffic impassability. A special place is occupied by fines for parking - for incorrect or non-payment. The amounts are considerable. Receipt recipients are confusing. Often fines are issued illegally. They may be disputed! How, to whom and on what basis to file a complaint about a parking fine will be discussed below.

Grounds for fine

Before we move on to the methods of appealing penalties, we need to understand for which parking cases they can be applied.

From the point of view of federal and Moscow legislation, there are two such grounds:

Wrong parking. Stopping and/or parking in the wrong place.
Unpaid parking. Stopping and/or parking in a specially equipped place, but without fulfilling all the necessary conditions (in this case, without paying for parking services).

In this case, a fine can be issued either directly by a representative of supervisory organizations or through an automatic system for recording violations. The difficulty is that there are three organizations independent from each other, and for one offense a fine can be issued by different structures - it must be appealed directly to the institution that issued the resolution .

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

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

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

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

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

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

Is it possible to refute? Grounds for appeal

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

The most common reasons for appealing parking fines are:

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

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

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

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

How to appeal a parking fine in Moscow?

The first thing is to find out if there is a fine. The standard method is to wait for the ruling by mail. However, failures may occur at every stage of the shipment, and notification may not arrive in a timely manner. Therefore, it is recommended to insure yourself and check whether there is a fine.

How to find out about a fine?

There are several ways to find out if there is a violation order:

Via SMS to number 7377 (free). Send the text “fine Series and Vehicle Certificate Number” (without quotes, for example: fine 77aya654321 ). An alternative is the text with the driver’s license number: “fine Series and VU Number” (also without quotes, for example: fine 77ff654321 ).
Through a special service on the portal of the Moscow City Hall.
Using the topic search from the traffic police.
Through a specialized mobile application.

More information about ways to clarify the presence of fines can be found here.

Appealing the decision on unpaid parking to the State Budgetary Institution of the AMPP

A fine for unpaid parking is disputed as follows:

Download the form and sample complaint.

The complaint is signed by the applicant himself.

The complaint must be filed within 10 days of receipt. If, for good reasons, the applicant does not fit into this period, he must file a petition to restore the period for appealing the decision on an administrative offense.

Download the application form and example.

The complaint must be accompanied by additional materials related to the case: a resolution on the offense, a payment receipt, checks, screenshots of SMS notifications, availability of benefits, photographic materials.

An application (complaint) can be submitted in the following ways:

Personally . Addresses: st. 1905, 25 or st. Staraya Basmannaya, 20, bldg. 1. Both institutions are open daily from 8:00 to 20:00.
By mail to the address 125040 Russia, Moscow, st. Skakovaya, 19. Recipient: State government institution of Moscow "Administrator of the Moscow parking space." It is recommended to use registered letters with notification.
Through the Internet . To do this, you must be authorized on the specified services: Autocode or MOS.RU: submitting appeals, contacting the AMPP, checking fines.

In each of these methods, you will need to indicate personal data, parameters of the fine issued and other related information.

How to challenge a MADI fine for illegal parking?

In general, the procedure and timing are the same, with the exception of:

The complaint is submitted to the head of MADI.
Both personal submission and postal delivery are carried out at one address: Moscow, st. Kalanchevskaya, 49.
Internet access can be made through the Autocode or MOS.RU services.

The list of documents is similar: complaint, resolution, receipts, plus others related to the incident.

How to appeal a decision in the traffic police?

An application to appeal a traffic police fine must be submitted in person or by mail. The addressee is the unit that issued the fine. The deadlines are the same - 10 days from the date of receipt/delivery.

You can find out the contact details of the Moscow traffic police departments on this page. There is currently no option to file a complaint online.

Procedure for considering a complaint about illegal parking

The consideration of an application to challenge a parking fine in all three organizations follows a roughly general pattern:

The application must be submitted within 10 days (or apply for an extension).
The review should take no more than 10 days from the date of receipt of the complaint.
Within the next 3 days, a notification of the decision must be sent to the applicant.

In some cases, the traffic police reserves the right to increase the inspection period if justified reasons arise.

Refund

If a fine has already been paid under the contested decision, it is necessary to submit a corresponding application to the organization that received the money. Forms can be obtained here:

In addition to the application, the following are provided:

Account number for refund.
Copy of passport (if visiting in person, the original is provided).
Payments confirming the fact of payment of the fine.
Copies of the decision to cancel the decision to impose a fine.

Documents are submitted to the above addresses, but there is also the possibility of an online request. To do this, you need to go to this page of the MOS.RU website service, fill out all the fields of the form that opens and upload scanned copies of the necessary documents.

Challenging in court

You can resort to legal proceedings as an alternative method to the above (that is, without contacting the AMPP, MADI or traffic police - directly to the court) or after receiving a negative decision on your request to these organizations.

Since it is faster and more convenient to decide directly through the AMPP, traffic police or MADI, resorting to legal proceedings is recommended in cases of negative answers.

In general, judicial procedures follow the following scheme:

The claim is filed in court at the place of the incident. Please note that it is at the location of the incident , and not at the location of the organization that issued the fine. There is a clear explanation on this matter in the resolution of the Plenum of the Supreme Court of the Russian Federation (No. 5 of March 24, 2005).
A statement of claim is drawn up, which clearly states the objections and facts.
Documents and information related to the incident are attached to the claim.
Judicial proceedings are ongoing.

Of course, it is easy to describe judicial procedures in a few words, but in reality everything is much more complicated, and largely depends on the circumstances. Therefore, the right decision would be to contact specialized lawyers who will help you not only draw up an application and collect documents, but also represent you in court and conduct the entire process.

You can find a lawyer using our service, for which you can get a free consultation.

In the dense flow of Moscow traffic, getting a fine is not difficult. As practice shows, the number of incorrectly drawn up or erroneously issued decisions is quite large. If you want to humbly pay for the sins of others, that’s your right. But if you decide to protect your funds, now you know on what grounds and how this can be done.

It is, of course, possible to resolve issues on your own. However, the assistance of professional defenders is in many cases the most effective.

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Questions on the topic

Is there a fine for parking in a bike lane?

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Ask a consultant a question

28.11.2019 at 19:25

A lawyer's services cost more than a parking fine, what is the point of an appeal. After all, it’s easier and, most importantly, cheaper to simply pay an unlawful fine.

12/01/2019 at 06:58

Denis, your right to use the services of lawyers or not. And situations really are different. For example, during a trial, it is sometimes possible to compensate all the plaintiff’s costs, incl. and a lawyer. But, again, each case is individual.

21.11.2019 at 16:44

In May I parked in a paid parking lot. Then it turned out that I paid for it through the Moscow parking application. But now they are calling me to court because, according to them, there was no payment. Fine 5000 rub. and World Court 10,000 rub. imposes because I did not pay this fine. I have evidence that I paid for it, there are notifications from the mail that I did not receive this letter due to a technical failure. How to appeal?

11/22/2019 at 07:11

Yulia, if you have documentary evidence of payment made on time, then they must be presented in court. It is better to contact a lawyer to work out a strategy together. In some cases, you may be able to request some compensation. But we need to understand the details.

How to appeal a parking fine in 2019?

Traffic police officers may make mistakes. As a result, the car owner who did not violate the rules will receive a parking fine. If a citizen finds himself in a similar situation in 2019, he can appeal the decisions made. To do this, you will need to prepare a package of documents, draw up an application and contact the authorized body. You need to prove that you are right. If this decision does not satisfy the citizen, filing a claim in court is permissible.

Can I appeal a parking fine?

If a citizen does not agree with a parking fine, it can be challenged.

In 2019, the process is regulated by Art. 30.1 Code of Administrative Offenses of the Russian Federation. If the decision is made:

an official, the complaint must be sent to his manager, a higher official body or court;
by a collegial body, the papers are sent to the district court at the location of the institution that imposed the fine;
court, documents are submitted to a higher court;
by another body created in accordance with the legislation of the Russian Federation - to the district court at the place of consideration of the case.

For your information

It is recommended that you familiarize yourself in detail with the resolution imposing a fine for illegal parking. It is considered illegal if it is filled out with errors. Thus, the reason for declaring a document invalid is the incorrect indication of the time or place of the violation.

Law on appealing penalties for illegal parking

The procedure for imposing fines and challenging them is regulated by the Code of Administrative Offenses of the Russian Federation. The amount of the penalty and the procedure for its payment are reflected here. Experts advise familiarizing yourself with the following provisions of the above code:

Representatives of the traffic police and employees of a number of other authorized institutions have the right to impose a monetary penalty for incorrect parking. So, if we are talking about Moscow, in 2019, representatives of the State Administration of the AMPP can impose sanctions on the driver. They are in charge of the possibility of applying fines for unpaid parking. If the stop was carried out in violation, a monetary penalty will come from the Moscow Traffic Inspectorate.

When can I challenge a fine for illegal parking?

Citizens have the right to initiate a procedure to appeal a parking fine. Typically the action is performed if:

The citizen did not commit the violation of which he is accused. The argument can be used if the parking area is not marked with signs or markings. In this situation, it is difficult to understand whether it is possible to stop here.
There is an irreparable defect made when drawing up a resolution on an administrative offense. The reason can be cited if the car was in a different place at the time specified in the document. This fact will need to be proven.
An error was made when registering the violation. When drawing up decisions, a traffic police representative may provide false information. This automatically invalidates the document. However, an error that serves as a reason for canceling a decision should have an impact on the consideration of the case. If the inaccuracy does not change the content of the document, it can be corrected when considering the complaint (Article 29.12.1 of the Code of Administrative Offenses of the Russian Federation).

How to find out who issued a parking ticket?

Initially, it is necessary to determine which authority imposed the monetary penalty. The further algorithm of actions depends on this. The procedure can be carried out by familiarizing yourself with the unique accrual indicator. This is a code that is reflected on the payment receipt. It can consist of 20 or 25 digits. Attention must be paid to the first numbers in the payment receipt. The fine came from:

In the example in the photo, the first numbers in the receipt for payment of a parking fine begin with 780, therefore the fine was issued by AMPP.

Appeal options

The appeal procedure is carried out in accordance with the provisions of Article 30.1 of the Code of Administrative Offenses of the Russian Federation. It indicates the authorities to which you need to contact. So, if the decision was made by an official, it is necessary to contact his management or a higher authority. It is permissible to go to court. The decision is made based on the results of consideration of the complaint.

You must apply at the place where the offense was committed (29.5 and 30.2 of the Administrative Code of the Russian Federation). It is recorded in the issued parking fine receipts. You will need to find out the street name and number of the nearest building next to which the illegal parking was made. Then you have to find the nearest magistrate's court or court of general jurisdiction to this place. From there, a statement of claim and a package of documents are provided.

If the final verdict does not suit the citizen, it can also be appealed. In this situation, an appeal to a higher judicial authority occurs.

The period for appealing a parking fine in 2019 is reflected in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. The appeal can be sent within 10 days from the date of delivery of a copy of the resolution. If the deadline is missed, it can be restored. For this purpose, a petition is submitted. If a citizen is denied reinstatement of the term, an appropriate determination is presented.

Step-by-step instructions for challenging a parking fine in MADI

If a citizen does not agree with a fine issued for parking, first of all it is necessary to find out which organization imposed the monetary penalty. The government agency can be identified using the code on the receipt. Having realized that the fine was issued by MADI (If the numbers 782 are at the beginning. The rule is relevant for a 20-digit code. If it consists of 25 numbers, the combination 035604 will be at the beginning.). You need to proceed according to the following scheme:

Prepare evidence of innocence. Photographs confirming the absence of markings or signs indicating paid parking may be considered.
File a complaint. In its text it is necessary to describe the current situation in as much detail as possible, then provide evidence of innocence.
Submit the prepared package of documents to MADI. An alternative is to go to court at the place where the offense was committed. Submission of documentation is carried out by mail, during a personal visit to the authorized body or via the Internet.
Check acceptance of the application. It must be entered into the journal of incoming documents. The citizen is then informed of the complaint number.
Wait for the application to be reviewed. The answer must be provided in writing.

Download a sample complaint about a fine for illegal parking in MADI in WORD format.

Step-by-step instructions for appealing a parking fine at the AMPP

If a parking fine was issued by AMPP (AMPP, if a two-digit combination begins with 780, when we are talking about a 25-digit code, the numbers 0355 will appear first), the appeal procedure remains standard. You will need to prepare an evidence base, draw up an application and send it to the authorized body for consideration. It is important to ensure compliance with the deadlines for consideration of the application.

Practice shows that representatives of the authorities do not always answer calls and often miss the period during which they are required to respond. Article 30.5 of the Code of Administrative Offenses of the Russian Federation states that a complaint against a decision on an administrative offense must be considered within 10 days from the date of receipt by the authorized body or official who has the right to consider the document.

Download a sample complaint about a fine for illegal parking at AMPP in WORD format.

Step-by-step instructions for appealing a parking fine to the traffic police

Contacting the traffic police also requires preparing an evidence base and filing a complaint. Only its shape differs. It is not enshrined in current legislation. However, in practice, office work norms have been formed, in accordance with which information is entered into the documentation. The main differences are hidden in the header of the complaint about a fine for illegal parking. In 2019 it indicates:

information about the person or body to whom the application is sent;
information about a citizen who wishes to challenge a parking fine;
information for prompt communication with the applicant.

You can appeal the decision to the traffic police on purely formal grounds. Thus, in the process of drawing up the resolution, a violation may be committed.

Download a sample complaint about a parking fine at the traffic police in WORD format.

There is an opinion that the signature in the protocol is the car owner’s consent to the violation. The statement is incorrect. The citizen’s signature confirms familiarization with the contents of the paper. The exception is situations when the document contains an inscription with a violation of “I agree”. If there is no registration, you can safely sign the protocol. However, in the line explaining the violator, it is recommended to present your arguments. You can object to unlawful actions on the part of the traffic police inspector. If it was not possible to challenge the fine in the state traffic police, it is permissible to start a trial.

When should you go to court?

Article 30.1 states that a decision made by an official can be appealed by sending documents to a higher authority or district court at the place of consideration of the case. This means you can file a claim right away. Usually, the authority is contacted if filing a complaint to a higher official has not brought any benefit.

Required documents for appeal

In order for the court to agree to consider the complaint, you will need to prepare a package of documents. The list will include:

Complaint form. It is necessary to describe in detail the features of the current situation.
Resolution. A copy is required. It is removed from both sides in documents.
Proof of the truth. This may be the result of photo and video filming, as well as other documents confirming the citizen’s position.

IMPORTANT

It is necessary to contact the authorized body within 10 days from the date of receipt of the decision. If the period is missed, the application is supplemented with a petition.

Step-by-step instructions for appealing a parking fine in court

In accordance with paragraph 30 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5, you must contact the authorized body located at the place where the offense was committed. The application must be completed correctly. If there are no errors, the documents will be accepted. Then a date and time for the meeting are set. It is important to come to it without delay, having a complete package of documentation with you.

During the proceedings, the citizen will have to explain the complaints to the court and provide evidence. It is permissible to object to the opponents' statement. A citizen has the right to petition for the addition of additional papers to the case or interview witnesses. Typically, proceedings in cases of this type proceed quickly. Then a decision is made. It could be as follows:

cancellation of monetary penalty;
partial adjustment of the previously adopted penalty for illegal parking;
refusal to satisfy the complaint;
postponement of the meeting due to a number of circumstances.

Once a decision has been made, you will need to obtain a copy of it. To do this, you need to contact the court office. If you are not satisfied with the verdict, you will need to challenge it. To do this, the complaint is sent to a higher authority. The judge who made the decision will notify the citizen of the possibility of appeal.

Parking fines in 2019

The amount of the fine for illegal parking may vary depending on the location of the stop. In 2019, the amount of the penalty varies from 1,000 rubles to 5,000 rubles.

Appealing a parking fine in 2019

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

If you are sure that you did not violate any parking rules, and nevertheless you received a notification about a fine in 2019, you can appeal it to the authority that imposed the penalty or in court. You will learn about the algorithm for filing a complaint in this article.

Normative base

The main document that regulates the rules for parking vehicles and penalties for violating them in 2019 is the Code of Administrative Offenses (CAO RF). It specifies the main amounts of fines and the procedure for their payment. Separately, it would be useful for car owners to familiarize themselves with the following provisions of the code:

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

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

How can I challenge a parking fine?

To appeal a parking fine in 2019, the first thing you should do is find out which organization imposed the penalty - the further algorithm for filing a complaint will depend on this. You can find out by checking the unique accrual identifier - this is a twenty- or twenty-five-digit code on the fine receipt.

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

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

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

In which court should I challenge it?

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

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

Step-by-step instructions for appealing

So, what steps should you take if you received an envelope with a receipt for paying a parking fine in 2019 and want to challenge this decision?

Carefully study the parking fine receipt and find out which organization imposed the penalty on you - the traffic police, MADI or AMPP. This can be done using the codes described above.
Collect documents that prove your innocence: photographs of the absence of signs or markings indicating a paid parking zone, as well as the absence or poor visibility of road signs prohibiting parking, photographic evidence that your car was in a completely different place at the time of the offense, payment receipts parking time - it all depends on what you were fined for.
Write the text of the complaint, describing your situation and evidence of your innocence in as much detail as possible. The correct filing of an appeal against a parking fine in 2019 will be discussed in detail below.
Send the complaint with the attached package of documents to the authority that issued the fine or to the court at the place where the offense was committed. This can be done in person, by mail or online.
Be sure to make sure that your complaint is accepted, recorded in the journal of incoming documents and its registration number is dictated to you.

Submitting an application

Filing an appeal against a fine for illegal parking in 2019 can be done, as already noted, in two ways: either directly to the authority that imposed the penalty, that is, to the traffic police, MADI or AMPP, and then, in case of a negative decision, to the court, or straight to court. In both cases, the texts of the complaints will be quite similar - only the headers in which the recipient’s address is written will differ.

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

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

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

In addition, in 2019, the decision to impose a fine can also be challenged on purely formal grounds - for example, because when issuing the decision, procedural provisions were violated or the violation was recorded improperly. However, in this case, an inexperienced car owner is unlikely to be able to do without the help of a qualified lawyer.

Progress in court

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

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

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

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

Parking fines

Car owners receive parking fines in 2019 if they: