Sample letter to the traffic police to cancel a fine

Complaint against an administrative violation decision from the traffic police after the sale of a car

After signing the purchase and sale agreement (SPA) of the car and transferring money and license plates for it, the vehicle sellers think that the whole procedure is completed and they have successfully sold the car (auto). But suddenly fines arrive for a sold vehicle (vehicle) and you urgently need a sample complaint. In this regard, our qualified lawyers located in Cheboksary have prepared a corresponding document for you so that you can download for free without registration a standard sample (example) of a form (form) of a complaint against a decision on an administrative offense from the traffic police after the sale of a car (on behalf of the seller ), corresponding to the legislative acts of 2019, which will challenge the imposed fine from the traffic police.

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Attention. Read the useful information below to correctly file a complaint against the traffic police decision after selling the car.
At the end of the text there is a BONUS for residents of Cheboksary

It is important to know! A must read

So, let's begin. Since you sold the car, and the violation was recorded after its sale, we will rely on paragraph 1 of Article 223 of the Civil Code of the Russian Federation, which states that the right of ownership of the thing acquired under the contract arises from the moment of its transfer, unless otherwise provided by law or contract.

In this situation, you have the right to appeal , according to Article 30.1 of the Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense:

1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of this Code:
1) made by a judge - to a higher court;
2) issued by a collegial body - to the district court at the location of the collegial body;
3) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
1.1. A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense.
2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

Let's move on to the appeal deadlines . Looking ahead, I would like to say that you only have 10 days, but this is quite enough to get it done. So, according to Article 30.3 of the Code of Administrative Offenses of the Russian Federation, the following deadline is established for appealing a decision in a case of an administrative offense:

A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

We would like to emphasize once again that you have only 10 days to appeal and the countdown begins from the moment you receive a letter with a decision in the mail or a copy of the decision at the traffic police. If you missed this deadline, do not be upset, in this case you can restore this deadline, but only on the condition that it was missed for a good reason.

We hope that this sample form of complaint against a traffic police resolution on an administrative offense on behalf of the seller (fines for a sold car), which complies with the legislative acts of 2019, will help save your money in such an unpleasant situation. But if you don’t have time to figure it out, then you can contact our highly qualified lawyers in Cheboksary, who will be able to provide high-quality services in drawing up a complaint to the court against the traffic police decision. Don't delay! We need to start solving the problem right now!

Appealing a traffic police fine, sample complaints

Right to appeal. Where to appeal the decision

A decision for violating traffic rules can be appealed in various situations:

technical camera error;
principled defense of one’s position in relations with the traffic police;
at the time the violation was recorded, another person (your relative or friend) was driving the car;
the car was sold under a purchase and sale agreement, but was not registered with the traffic police - fines from the new owner come to your name;
and others.

A decision for violation of traffic rules (traffic rules) is made by the court or the traffic police.
For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP. The court makes decisions on such violations as:

illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
driving a car without a driver's license (driving license);
driving while intoxicated;
repeatedly exceeding the permissible speed by more than 60 km/h;
repeated violation of the rules for crossing railway tracks;
repeated entry into oncoming traffic;
if the violation of traffic rules resulted in harm to health of mild or moderate severity;
failure of the driver to undergo a medical examination for intoxication.

Also, if arrest is provided as a punishment, the “administrative charge” is considered by the court.

Decisions made by courts can only be appealed in court. Decisions made by the traffic police can be appealed either to the district (city) court or to a higher traffic police official.

Article 30.1.
Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense. 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation:

rendered by a judge - to a higher court;
issued by a collegial body - to the district court at the location of the collegial body;
issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

1.1.
A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of the Code to draw up a protocol on an administrative offense. 2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

Time limits for appealing a fine (restoring the time limit for appealing)

Article 30.3. Code of Administrative Offenses of the Russian Federation. Time limit for appealing a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

In other words, you have 10 days to appeal. The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

What to do if you missed the 10 days allotted for appeal? In this case, you can restore this deadline, but only if it was missed for a good reason.

Valid reasons for missing the appeal deadline may include, in particular: serious illness, helpless condition, illiteracy and other circumstances related to the personality of the person filing the complaint.

If the deadline for appealing the fine has expired and the decision is not appealed, then it enters into legal force.

Article 31.1. Code of Administrative Offenses of the Russian Federation. Entry of a decision in a case of an administrative offense into legal force.

A decision in a case of an administrative offense comes into force:
1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
3) immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

What should a complaint against a decision contain?

Addressee of the application.
You must indicate the name of the court or territorial traffic police office to which the complaint is being sent. Information about the applicant (i.e., your data) and representative (if available) is also indicated here: full name, residential address, contact phone number.
Title of the document.
Complaint against a decision in a case of an administrative offense.
Descriptive and motivational part.
Here you need to briefly outline the circumstances of the incident.
Indicate the number and date of the resolution, full name. and the position of the traffic police inspector (or judge - if the court decision is being appealed), who brought you to justice, article of the Code of Administrative Offenses of the Russian Federation. In this part it is also necessary to describe your position, the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
Resolution part.
In this part, you must indicate what you are asking the court (or a higher traffic police body), namely: to cancel the decision (number, date) and terminate the proceedings.
Application.
List the documents attached to the complaint, indicate the number of sheets in the documents.
Signature and date of writing the application.

What arguments can be used

Each situation is individual. Below are common examples that you can use in your application:

The decision made is unfounded, and the offense has not been proven.
The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
Incorrect application of the law (misinterpretation).
Failure to take into account evidence provided by the applicant in his defense.

Which fines are better to challenge in court and which ones in the traffic police?

If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

1. 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.
1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

Which complaints are easier to send to the traffic police?

if you sold a car, and you still receive fines: in this situation, you need to appeal the received decisions and contact the REO with an application to terminate the registration of the vehicle in connection with its sale;
if there are technical errors in the resolution: the state was erroneously determined. car number, if it is not your car that is captured on the photographic materials;
if the camera reacted to foreign objects, and you were the intruder (the shadow of a car crossed a solid line of road markings, a motorcycle passed by in excess of the speed limit, etc.);
if you were forced to drive through a red traffic light at the direction of a traffic controller;
if you are stopped by a traffic police officer in a place where this is prohibited.

That is, everything that is obvious to a person, but not obvious to a camera. And also cases when you sold your car, and the buyer, in violation of the law, did not re-register it in his name within 10 days.

What complaints should be sent to court?

Controversial situations in which the traffic police take the side of the “accuser”, when in order to make a legal decision it is necessary to consider the totality of facts confirming your case.
When during administrative proceedings:
- procedural violations were committed in the case;
— incorrect application of the law;
— unlawful actions were committed by employees of the State Traffic Inspectorate.

Complaints against decisions on administrative offenses in the field of road traffic are sent to the court at the district (city) level and are not subject to state duty.

Judicial practice (examples when the courts sided with drivers)

Appeal of a violation due to the fact that the driver was not the owner (organization), but another person (driver) - the complaint was satisfied (Decision in case 12-378/2016);
Appeal against speeding, due to the fact that the car was not in the possession of the owner (spouse), but of another person (spouse) - the complaint was satisfied (Decision in case 12-394/2016);
Appeal against deprivation of the right to drive for leaving the scene of an accident - the complaint was left unsatisfied (Decision in case 12-88/2016);
Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
Reinstatement of the appeal period - the complaint is satisfied (Decision in case 12-305/2016);

Samples of complaints against decisions

sold the car, but fines come to me (download);
traffic police officers committed violations of the procedure for bringing to justice (download);
I received a fine, but it’s not my car in the photo - the camera mistakenly read the state license. car number (download);
paid for parking, and was issued a fine - appealing the fine of the State Property Committee of the State Property Committee (download);
parked the car under a sign indicating the expiration date of the sign (download);

Online appeal

Appeals to AMPP (Moscow Parking)
On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow . The numbers of decisions that can be appealed here begin with 780 or 03554310 .

State Public Institution “Administrator of the Moscow Parking Space” (AMPP)
Actual address:
Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

Phones:
+7 (495) 539-54-54 - Unified contact center
3210 - Short number of the Moscow Transport contact center, for calls from mobile phones (Beeline, MTS, Megafon)

Appeals to MADI (Moscow Administrative Road Inspectorate)
Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

Moscow Administrative Road Inspectorate (MADI)
Actual address:
Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

Phone:
+7 (495) 540-76-56 - Single multi-channel number

Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate)
ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

To appeal decisions, you must submit a written application to the territorial traffic police department.
The numbers of traffic police regulations start with 188 .

Need help filing a complaint?

Contact our specialists in the “Traffic Lawyer” section through the “order a document” or “ask a question” form. We will promptly consider your question and prepare a complaint against the decision to the court or the traffic police.

To appeal fines in a timely manner, you need to know about them. Subscribe to notifications about new fines (STSI, MADI, AMPP) on the Online State Traffic Safety Inspectorate, pay them on time or appeal them.

Article published date: September 29, 2016
Last modified: July 13, 2018

Application to appeal a traffic police fine - sample

Every driver of a vehicle sooner or later encounters such a nuisance as an accident (traffic accident), which entails the drawing up of a protocol on an administrative offense by traffic police officers (road patrol service).
How to appeal a traffic police fine if you do not agree with the decision made by the traffic police officers. Where can I get a sample for writing a complaint? Where should you go to challenge the decision, to court or to the traffic police. What to refer to in a complaint and how to argue your case in court.

The protocol on an administrative offense is a legal document with which an employee of a government agency records all the necessary details of the offense committed (description of the location of the event, date, time, data of vehicles, participants in the accident:

Name of the victim,
Full name of the culprit,
legal norm provided for the violation committed, etc.

The procedure for drawing up a protocol on an administrative offense and other legal nuances are regulated by Article 28.2 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

Based on the protocol drawn up, traffic police officers issue a resolution on an administrative offense, which sets the penalty for the offense (warning or fine).

In administrative cases for serious offenses (for example, deprivation of a driver's license for driving while intoxicated), decisions and penalties are exclusively authorized by the Court.

After receiving a “letter of happiness” in our hands, a reasonable question arises within us: should we agree with the decision made or not? And if not, then how to appeal a traffic police fine, where to go and within what time frame?

Where to appeal a traffic police fine

Where to write an application to appeal a traffic police fine (sample) is of interest to many citizens. The current legislation (namely the Code of Administrative Offenses of the Russian Federation) provides us with an alternative to choosing a government body to which we can turn to protect our rights when appealing a decision. In this case, this is the traffic police or the Court.

A complaint against a road inspection employee can be sent by registered mail with a notification with a list of attachments via Russian Post, or the complaint can be hand-delivered under the incoming number to an authorized person of the road inspection. It is also possible to challenge the traffic police fine online on the government services website, which will significantly save your time.

We will answer your question in 5 minutes!

How to appeal a traffic police fine online, through government services

The jurisdiction of the court in such categories of cases is determined strictly by the place where the offense was committed. In order to correctly find out which court you need to contact the state system “Justice”. On the website you must indicate the address of the place where the offense was committed and the system will determine the court you need.

When choosing which authority to contact: the state traffic inspectorate or the Court, we advise you to give preference to the Judicial authorities, since the traffic police in this case will consider a complaint against the actions of “their” employees, and the court will act directly as an independent party, which will somewhat increase your chances of victory.

Deadline for appealing a fine

The period for appealing a decision is strictly established by law and is 10 calendar days.

This period begins to be calculated from the day the decision is received. That is, if this document was sent to you by mail, then from the date when you signed the notification of delivery of the letter.

Sample complaint against the actions of a traffic police officer

Unfortunately, it is impossible to draw up a single sample complaint against the actions of a traffic inspector, since each situation is individual in its own way (nature of the offense, charged article, evidence, cause-and-effect relationship). All these nuances are considered in each case separately.

However, a universal sample complaint against the actions of a traffic inspector, with links to general articles, was compiled by our lawyers. You can check it out below.

We will answer your question in 5 minutes!

When filing a complaint with the traffic police or the court, you must also attach all available case materials (written and photo-video evidence)

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What to refer to in a complaint and how to argue in court

What types of violations can be committed by traffic inspectors when making a decision:

Procedural violations (examples: a resolution is issued strictly no later than 15 days from the date of drawing up the protocol or: a government body is obliged to send a resolution to the parties in the case strictly no later than 3 days from the date of its issuance). Violation of the above deadlines by traffic police officers when issuing a decision gives you legal grounds to cancel it.
Material violations (the offense was classified incorrectly; that is, you were charged by the traffic police under the wrong article).
The offense charged to you has not been proven by a government agency (the traffic police officers do not have evidence confirming the offense charged to you, and you have evidence refuting their evidence).

This stage is the most important, because the outcome of the case will directly depend on how you build your line of argument in court. Therefore, we recommend that you carefully study all the documents you have in your hands and determine all your strengths and weaknesses in this case.

What could be the outcome of an appeal?

This situation has 3 scenarios:

Satisfaction of your requirements (cancellation of the decision made against you).
Refusal to satisfy your demands (the decision against you remains in force, and you are obliged to fulfill it).
The offense is considered minor and a penalty such as a warning is issued against you.

Which side does the court take when appealing a fine, judicial practice

When the Courts consider this category of cases, you should know: if a motorist and an employee of a government agency have an equivalent amount of evidence in the case, then the Court will always take the side of the government agency. However, examples from judicial practice allow us to assert that a responsible approach to the case and a well-prepared evidence base still helps to win and cancel illegal decisions on an administrative offense.

If you have received a ruling on an administrative violation and are absolutely sure that you are right and that you have not broken the law, we strongly recommend that you go to the end and fight. A huge number of drivers give up and don’t finish what they start because they “don’t believe in our justice,” without taking any action.

In such a situation, the help of a qualified specialist (lawyer) is almost always recommended, because not every citizen is able to detect an obvious violation of the law by a government agency when bringing you to administrative responsibility.

Sample letter to the traffic police to cancel a fine

So that you can quickly send a complaint to the authorities, because only a 10-day period is given for appeal, we decided to give examples of several samples and options for the most common complaints.

We will tell you how to write a document correctly from a legal point of view for the traffic police and the court.

The content of the article:

Samples of complaints against the traffic police resolution on fines from video cameras in the traffic police - how to write the document correctly?

The design rules are simple. They are specified in articles 131-132 of the Code of Civil Procedure of the Russian Federation.

The complaint must be drawn up on an A4 sheet , written by hand or printed on a PC.

Documents are attached to the complaint.

Any complaint must contain the following main sections:

1. Document header

In it, on the right side of the sheet, indicate the name of the traffic police authority to which you are filing a complaint, as well as the name of the chief. It is worth finding out this information in the department.

Next, enter your details – full name, residential address and contact information.

Most often they indicate a telephone number for contact.

2. Name of the document

In our case, in the middle of the line with a capital letter we write “ Complaint against a decision in a case of an administrative offense .”

a period at the end of a sentence !

3. Content part

In it, describe what circumstances prompted you to contact the traffic police department, why you do not agree with the decision/resolution.

Be sure to indicate on what grounds the decision was made illegally and unlawfully.

An example of the motivation for a complaint message:

You can use the following grounds and arguments in your complaint:

Unreasonableness of the decision made.
Unproven violation.
The unreality of circumstances and situations.
Incorrect interpretation of the law.
Leaving a previously submitted application without consideration.

Of course, you should not file a complaint several times. It is enough to contact the immediate head of the traffic police department.

4. Final part

Describe your demands - to cancel the resolution, to stop proceedings on this issue. Next, describe with a list what documents you are attaching, and sign and date.

Examples of complaints:

1. The car was sold, and fines were assigned to the former owner of the car:

2. The picture shows the wrong car. Error in state number:

Samples of complaints against the traffic police decision on a fine from video recording to the court

When writing a complaint to the court, you must take into account some points. A complaint is written more formally than an appeal to the traffic police.

The document must contain the following information:

Name of the court, address of the instance.
Details of the person who applies to the court – full name, address, contact information.
Third party interested in the case, his name, address. This may be the traffic police department to which the plaintiff previously filed a complaint, or the official who issued the decision.
The number of the decision that came in the letter. Issue date. Brief content of the resolution.
Grounds, reasons why this resolution should be canceled. We wrote about the content and arguments in the last section of the article. You can find out what grounds you can rely on when writing an application. It is better to refer to application documents that will confirm your guesses.
Possible actions of the applicant aimed at pre-trial consideration of the issue.
Request to cancel the decision/ruling, other requirements.
List of documents.
Date of application.
Applicant's signature.

The owner of the car , or a legal representative , or a lawyer can file a complaint with the court .

Don't forget to include a power of attorney if a representative applies.

Remember : the more detailed the situation is described in the content, and the more accurately the evidentiary materials are selected, the greater the chances of a successful consideration of the case.

A ready-made complaint form against a decision in a case of an administrative offense can be downloaded for free here in WORD format

An example of a complaint to court if traffic police officers committed violations of the procedure for holding them accountable:

You can use these forms and examples to write your complaint statement to the court or the traffic police.

Still have questions? Just call us:

Complaint against the traffic police decision (video recording)

According to Part 1 of Art. 2.6.1 of the Code of Administrative Offenses of the Russian Federation, the owners (possessors) of vehicles are brought to administrative responsibility for administrative offenses in the field of road traffic, in the case of photographic and video recording of these offenses using special technical means. In other words, if you rented out your car or gave it to someone to “drive”, and this person was caught on the photo radar, then a “chain letter” with a fine will be sent to the owner of the car - i.e. to you.

It is also not uncommon for a car to be sold, but the new owner is in no hurry to re-register it in his name and continues to drive around with the old documents so quickly that the previous owner receives fines.

You can read more about the appeal procedure here.

To the head of the traffic police video recording center
of the Main Directorate of the Ministry of Internal Affairs of Russia for the Lipetsk region

Ivanov Ivan Ivanovich,
registered: 394000,
Lipetsk, st.
October, 133, apt. 122

Complaint against a decision
in a case of an administrative offense

By Resolution No. 123456789012345 of June 17, 2017, issued by the traffic police inspector, police major P.P. Petrov, I, I.I. Ivanov, was found guilty of committing an administrative offense under Part 2 of Art.
12.9 of the Code of Administrative Offenses of the Russian Federation, I was sentenced to an administrative fine in the amount of 500 rubles. I do not agree with this resolution; I consider it illegal and unfounded.
At the time of committing the administrative offense, I was not driving the vehicle, since it was in the use of another person, for which there is documentary evidence and witnesses.
In accordance with Part 2 of Art.
2.6.1 of the Code of Administrative Offenses of the Russian Federation, the owner (owner) of a vehicle is released from administrative liability if, during the consideration of a complaint against a decision in a case of an administrative offense, made in accordance with Part 3 of Article 28.6 of this Code, the data contained in it is confirmed that that at the time the administrative offense was recorded, the vehicle was in the possession or use of another person or has now been removed from its possession as a result of unlawful actions of other persons. Guided by Art. 30.1, Art. 30.2 Code of Administrative Offenses of the Russian Federation,

Cancel the resolution in the case of administrative offense No. 123456789012345 of June 17, 2017.

Attachments:
1. A copy of the insurance policy with a list of drivers allowed to drive the vehicle;
2. A copy of the power of attorney to drive the vehicle.