The car in the parking lot is not registered in my name. If I don't pick it up and pay for the tow truck. What consequences? | Samara

What is the fine for towing a car?

What does it consist of? A fine is issued for a violation, for example, parking on the sidewalk. If the law provides for evacuation, then the car owner will also have to pay for it, as well as for storing the car. This is no longer a fine, but the owner of the car is obliged to pay.

How much will you have to pay? The cost of transportation and storage is determined by each region itself. Here, for example, are the tariffs from the Mosparking website:

How to avoid evacuation

If the driver happens to be there when his car is being towed, they cannot pick up the car. Even if it has already been loaded onto the platform, but the tow truck itself has not yet moved, the driver has the right to return the car. The car will be put back, and if the car owner eliminates the reason for evacuation, it will not be taken to a special parking lot.

Non-standard case

This is if you have lost or otherwise misplaced the car documents. In this case, you do not have the opportunity to pick up the car from the special parking lot. However, there is a way out here too - call a tow truck. Most often, ShS employees give away such a car, but there may also be refusals, and legal ones at that.

In this case, you will have to restore the lost documents, and this may take several more days (if you lose your STS and a citizen’s passport at the same time, for example).

But there is also a paradox in the 2021 law, which consists in the fact that it is generally impossible to pick up a car from an impound lot. We are talking about a situation where, for example, the owner of a car handed over control to a drunk driver, and he was charged with intoxication and the car was taken to the highway. And the owner of the car himself died.

In this case, no one is given the right to drive - it is prohibited by law to operate the car before entering into inheritance. And the responsibility to pay the fine lies with the violator. Thus, the debt falls on the driver who has been deprived of his license, but there is no possibility at all to pick up the car from the parking lot. Alas, such a “hole” in the legislation exists even in our time!

In what cases is a fine issued for towing a car?

1. Parking in violation of traffic regulations, for example, parking on the sidewalk.
2. Failure to pay for a parking space.
3. Violation of the requirements of road signs or markings that indicate a prohibition on stopping or parking.
4. Faulty car.
5. There is no vehicle registration certificate.
6. There is no license or the driver has been deprived of one.
7. The driver is drunk.
8. Transportation of goods or people if the car is registered in another state.

Most often, cars are towed for violating parking rules. Check if the wheel is on the sidewalk, if there are markings under the snow or a sign in the distance

They took the car to the impound lot - what will happen?

The first thing you need to understand is that the detention of a vehicle in administrative proceedings is not a punishment as such. This is not a form of punishment. This is a security measure – paragraph 7 of Article 27.1 of the Code of Administrative Offences. This means that it is applied together with the main type of sanction.

Initially, evacuation was provided in case the car was in the way where it was parked. Nowadays, the car can be taken to the impound lot if penalties are applied that prohibit the driver from driving the car. So, the most common traffic violations are:

• the car is taken to the impound lot if intoxication is confirmed during examination or for refusal of a medical examination,
• when stopping/parking in prohibited places, the car may be driven away without the driver present if it is obstructing the passage,
• if you drive a car and forget your registration certificate at home.

And a large number of other violations. All sanctions that require evacuation, as well as the rules for detaining a car, are listed in Article 27.13 of the Administrative Code.

How is a fine imposed for towing a car?

The traffic police inspector records a violation. In the capital, in addition to the traffic police, this is done by employees of the Moscow Administrative Road Inspectorate (MADI).

Draws up a protocol. If an employee of one of the services discovers that a car is parked in violation of traffic rules, he issues a report.

The protocol must indicate:

• time of violation, place and date;
• grounds for detaining a car;
• first, last and patronymic names of the inspector;
• information about the car and its owner;
• details of the evacuation employee who will take the car to a special parking lot.

A copy of the protocol is sent to the owner of the car and to the towing service.

The tow truck picks up the car. If the car owner does not show up before the tow truck leaves and does not eliminate the reason for the detention, the car will be sent to a special parking lot.

Will I have to pay a fine for leaving my car?

Since the parking lot is guarded, this service must be paid for. Moreover, the amounts provided are quite large. For a full day of downtime you will have to pay in the range of 500-3000 rubles (depending on the type of transport). If you take the smallest amount, then in 10 days you accumulate 5,000 rubles. This does not include the main amount of the fine. It amounts to:

1. 3000 rubles – categories A and B (power – up to 80 horsepower);
2. 5000 rubles – category B (with a power of 80-250 horsepower);
3. 7000 rubles – category B (over 250 horsepower);
4. 27,000 rubles – category D (trucks).

How to pick up a car from an impound lot

The faster the driver picks up the car, the less you pay for storage. For example, for transportation and a week of storage of a Kia Rio at a Moscow impound lot, the owner will pay 12,750 rubles. If the owner picks up the vehicle on the day the car was towed, the amount will be half as much - 6,450 rubles. Let's look at how to pick it up correctly.

Receive a return decision. First you need to take a written decision that the car will be returned to you. This document will be issued by a traffic police or MADI officer if the driver has eliminated the reason for the detention, for example, by bringing a forgotten license from home. The employee’s contact information will be provided to the duty station by calling 112.

To receive a decision to return a car, you will need the following documents:

• rights;
• driver's passport;
• vehicle registration certificate (VTC).

If your license or STS is in the car and it is taken away, you will have to first go to the impound lot. Write a statement so that the car can be opened. The special parking lot staff will perform an autopsy report, and you will take everything you need. Now you can request a decision to return the car to the traffic police.

Arrive at the impound lot. With this decision, the driver goes to the impound lot and hands the document to its employees.

The car is fine - sign the document. When the special parking lot employees take the car release document, they will offer to sign the acceptance certificate. Before doing this, inspect the car - it could have been damaged during loading onto the tow truck. If everything is fine with the car, take it.

The car is damaged - collect evidence. If there is damage, you will need to make a written claim and demand compensation. This can be done at any convenient time, even after leaving the parking lot.

To prove that the car was damaged during evacuation, ask the parking lot workers for a copy of the protocol. This document is handed to them by an employee of MADI or the traffic police when the vehicle is taken to the parking lot. A copy of the document must reflect the location, time of the violation, as well as damage to the car before evacuation. Also, witness testimony or photos of towing to a special evacuation vehicle will be useful as evidence.

When you have received the report and photographs, take photographs of the new damage. This must be done before leaving the impound lot.

Pick up from the impound lot. To do this, you do not need to pay for the work of the tow truck and storage; you are given another 60 days to pay off this debt. The receipt is issued by the parking lot staff.

To pick up the car, you will need the following documents:

• driver's civil passport;
• STS;
• decision to return the car.

Alexander Tovard, auto lawyer

Often, impound lot employees take advantage of the fact that car owners do not know the laws and demand that they pay in the parking lot. They are intimidated by the fact that they will not give up the car without payment, and that they will have to pay for every day. This is illegal: you can leave the impound lot and not pay.

If there is damage, demand compensation. Attach these materials to your written complaint to the evacuation service. If compensation is denied, go to court. To confirm the facts, attach to the claim the official refusal of the evacuation service and evidence - witness statements and photographic materials.

Deadline for depositing the amount

This aspect largely depends on the motorists themselves, because the amount it will cost to detain the car directly depends on their efficiency. Therefore, it is only in his interests to pick up his movable property as quickly as possible, so as not to overpay.

The maximum period is secretly considered to be more than six months, because if the legal owner is not announced within such a period, the vehicle can be put up for auction. And there are plenty of people willing to buy a car at a reasonable price.

Also, the driver can only imagine with horror the cost of the return, if for every day of downtime he must pay from 500 to 3,000 rubles , an especially large amount for the owners of trucks.

Where to pay a fine for towing a car

In the capital, you can pay by receipt in four ways:

• at impound lot terminals - you can use a card or cash;
• in any bank;
• in the Moscow Parking app;
• on the mos.ru or State Services websites.

In other cities, the driver will be offered to pay at the cash desk in the special parking lot. In cities with a population of over a million, a city parking application or website is often available. It is convenient to pay for parking and special parking through them. In St. Petersburg, the application and website are called “Parking of St. Petersburg”, in Novosibirsk - “Parking of Novosibirsk”.

Is it possible to pay a fine for evacuation at a discount?

For towing and storage - 25% in Moscow. The discount is valid if you pay for the services of a special vehicle from the towing service before picking up the car. This can be done if the driver agrees with the reason for the evacuation and wants to save money. He can pay for the work of the tow truck in the application or on the Moscow Parking website and immediately leave in his car. For example, the receipt for storage and transportation costs 6,450 rubles; with a 25% discount, the driver will pay only 4,838 rubles.

Some fines for the violation itself are 50%. The discount applies to the payment of administrative fines, with the exception of drunk driving and driving without car registration. For other violations, the driver pays the fine within the first 20 days from the date of the fine and saves half.

If you don't have the money to pay for the parking lot? There is a way!

So, if you once decided not to take your car from the impound lot, and now find out that it will cost you a lot of money, then we have a solution for you.

It consists in the fact that the legislation of 2021 gives the right to defer payment for special parking services. This means you don't have to pay storage and towing fees immediately when you take delivery of the car and can stop increasing the amount you owe.

True, you will still need money. And the way to pick up a car from the impound lot without paying is the following instructions:

1. first of all, you need to pay the fine that was assigned during the evacuation (this does not apply to removal from driving due to intoxication or refusal of examination),
2. then we go to the traffic police department that issued the decision, taking with us the receipt for payment of the fine,
3. from the traffic police you need to obtain a copy of the decision and the arrest report and permission to pick up the car from the impound lot,
4. we go to the impound lot, take with us documents for the right to drive (licence, STS and compulsory motor liability insurance) and receive the treasured car,
5. After this, you have at least 30 days left to pay for evacuation and storage services in a special parking lot.

As you can see, this is much better than not picking up the car from the impound lot. The legislative basis for this method lies in Part 10 of Article 27.13 of the Code of Administrative Offenses:

The return of detained vehicles to their owners, representatives of the owners or persons who have the documents necessary to drive these vehicles is carried out immediately after the reason for their detention has been eliminated.

The period for payment of parking fees is regulated by regions separately, and each city may have its own limitation. But this does not mean that legislators are given complete freedom here. There is a federal legal act in the form of the FAS Guidelines on tariffs and payment terms. And, according to paragraph 7 of these instructions:

The payment period for the movement and storage of detained vehicles is determined by the constituent entity of the Russian Federation, but the deadline for payment (deferred payment) should not be less than 30 days from the date of movement of the detained vehicle.

This way, you have at least a month to pay after you receive the car. And this is what will happen if you don’t even have time to pick up the car from the impound lot - the representatives of the latter will sue you, but the amount of debt will no longer accumulate, since you took the car.

How to challenge a fine for evacuation to an impound lot

Pick up your car from the lot first to avoid overpaying for storage. Then you can appeal an administrative penalty, for example, a fine for parking in violation of traffic rules, and then the payment for a special parking lot.

Write a complaint. To challenge an administrative fine, the driver has 10 days from the date of the decision. If the fine was issued by a traffic police inspector, you will have to file a complaint yourself. If a fine was issued by a MADI employee, you can appeal online.

Wait for an answer. The traffic police will respond within a month, MADI - within five days. It will take another three days for the money to be returned to your account. Read more about how to appeal fines from the traffic police and MADI in our other article.

Don't pay for evacuation. If you manage to appeal the fine that caused the evacuation, you can also return the money for the evacuation. Documents needed:

• resolution;
• paid receipt;
• details of the account to which the money needs to be returned.

If you haven’t managed to pay yet, give the decision on canceling the fine to the special parking lot staff. They will no longer demand payment for their services.

Rules for payment of impound parking

There are no strict regulations regarding the payment algorithm for tow truck services and the penalty area. But there are unspoken rules that drivers must follow for their own benefit, so as not to overpay money on this.

It is known that the cost of transportation and downtime at such a site becomes a larger sum for citizens if they do not respond promptly enough, putting off a procedure that is unpleasant for many.

A large number of car owners make the same mistake - they immediately contact law enforcement agencies, proving that they are right, but at the same time wasting precious time for themselves.

Therefore, initially inform a car lawyer about the incident and order his rights protection services. And at this time, call tow truck services and impound areas, take a traffic police report on the offense in order to return your own vehicle.

Then you will pay the cost of transporting your car to such a parking lot, and at the same time, you will not have to pay for downtime, because the first day of the vehicle being in the impound lot is free. Also remember that only a full day of downtime is paid.

If the driver’s guilt is confirmed, then after returning the vehicle he can also pay fines, and if he is acquitted, then he has the right to appeal such a decision and demand the return of his money, but in court.

Illegal evacuation of a car to an impound lot is covered in the article: illegal evacuation of a car to an impound lot. In what cases the car is not returned from the impound lot, read here.

Remember

1. Most often, cars are seized for illegal parking.
2. The penalty for evacuation consists of an administrative fine, a fee for transportation and a place in a special parking lot.
3. On average in Russia, evacuation costs 5,000 rubles, and a day of storage costs 1,000 rubles.
4. To pick up a car from a special parking lot, get a written decision on the return of the car from a traffic police or MADI inspector. Based on this document, the parking lot staff will return the car.
5. You can pay for the tow truck and space at the impound lot itself, through an app or website for paying for parking.
6. Most administrative fines have a 50% discount. You can pay for evacuation and a place with a 25% discount only in Moscow.
7. To challenge and get your money back from the towing, appeal the fine on the basis of which the car was towed.

All articles by the author: Evgeniy Lesnov

What happens if you don’t pick up the car at all?

This will be a large debt, which in the end will most likely exceed the cost of the car many times over, given the fact that owners most often do not pick up inexpensive domestically produced cars and most often in Moscow, where the cost of storage is one of the most expensive.

If you decide not to pick up the car from the impound lot and donate it, then when answering the question of whether this is possible, there is an important subtlety - the special parking lot will not accept your car for the simple reason that storage will cost more than the cost of the vehicle itself means. Thus, you cannot pay for parking on account of your car.

For example, storage in an impound lot on average in Russia ranges from 800 to 1,200 rubles per day. If you refuse to pick up the car, then in a year the amount will accrue to more than 360 thousand rubles. In a couple of years - a million! Not every car costs that much.

But the special parking lot will easily collect this amount... More precisely, it will formally oblige you to collect it - it is not a fact that the owner will have enough money to pay such a debt.

Here it will also be useful to know that storage in an impound lot is formally no longer an administrative proceeding, but a civil legal relationship. Therefore, the general statute of limitations applies here - a person whose right has been violated can make claims for compensation for this right within 3 years from the date when he became aware of the violated claim.

That is, representatives of the special parking lot can sue you within 3 years, and the debt will only accumulate during this time. Moreover, even after this the debt for the impound lot will continue to accumulate. By decision of the court, the case will be transferred to the bailiffs, and they will periodically resume enforcement proceedings with new amounts. Yes, part of the amount will be covered by the car, which will go towards paying off the debt for the impound lot, but there will still be some amount left.

This is where we end with the bad news and move on to the good subtleties and ways to pick up a car from the impound lot without immediately paying off the debt.