How to pick up a towed car from an impound lot

In what cases is a car taken to the impound lot?

Towing a car is one of the types of punishment for violating driving rules. Only traffic police officers have the right to carry out such a procedure. According to statistics, the most common reason is improper parking. This can also happen for a number of other reasons (Article 27.13 of the Administrative Code):

• The car is faulty (for example, problems with the brake system or steering);
• The owner is deprived of the right to drive a car, or he does not have a driver’s license at all;
• The vehicle is impounded;
• The driver is drunk (this also includes drinking alcohol after the arrest and before the examination);
• The driver refuses to undergo a medical examination;
• Violation of the rules for transporting large or dangerous cargo;
• Illegal transit transportation;
• The car is parked in the wrong place.

In all these cases, a protocol is drawn up, and then the car is sent to the impound lot.

It is important! If the driver eliminated the violation before his car was taken away, he must return the car directly to the same place from where it was taken!

The protocol is drawn up by a traffic police officer in the presence of an attesting witness and the driver. It contains the following data:

• Date and place of registration;
• Who is the owner of the car, make, year of manufacture, model;
• If the driver is not the owner, his data is also recorded;
• For what reason are they detained?
• Place of service, rank and position of the police officer drawing up the protocol;
• Where is the car being taken?

The traffic police representative puts his signature on the document, then this is done by the witness and the owner of the car being picked up.

The most common reason for towing a vehicle is stopping in the area covered by a “no stopping” sign.

If the car owner has serious reasons to believe that the detention is illegal (for example, there are no signs prohibiting parking, but the inspector still insists on a violation, or the protocol itself was drawn up with violations), nothing can be signed. Even if the representative of the law hurries you, assuring you that there will be a chance in court to explain your position, but for now you need to sign so as not to complicate your life. The policeman does not want to complicate life, first of all, for himself - the fact of signing the protocol means that the alleged culprit admits everything that is stated there!

Is it possible to pick up a car without paying?

You can pay a fine for a violation, as well as compensate for the costs of tow truck services and storage, either before returning the car or after. It is illegal to refuse to release a vehicle from an impound lot without payment receipts.

IMPORTANT! Significant changes in the law on the issue of tow truck payment, collection and parking came into force in September 2016 (No. 205-FZ of June 23, 2016). Previously, in order to pick up a car, you first had to compensate for these expenses and pay a fine. Currently, according to the amendments, this can be done within 60 days after registration of the violation.

In addition, if the driver does not agree with the protocol and considers the evacuation to the impound lot to be unlawful, he can appeal the traffic police decision in court within 10 days. If “themis” takes the side of the vehicle owner and recognizes the seizure of the car as illegal, then all expenses for its movement and storage will be compensated from the budget.

Thus, according to the law, it is possible to pick up a car without payment (except for cases when the vehicle is detained for drunk driving, in which case a deposit must be paid). The driver is given two months to repay the debt. If the car of an innocent party in an accident is detained for the purpose of examination, then the costs fall on the budget.

What do you need to pick up your car from the impound lot?

As practice shows, a car can be towed even if the driver shows up and is ready to eliminate the violation, and it is not recommended to confront a traffic police officer. You should read the protocol, then collect the necessary documents and pick up the car from “penal captivity.”

Required documents

In order to return the car, you must prepare the following documents:

• General civil identity card;
• Technical passport (STS);
• OSAGO;
• Driver's license;
• Car purchase agreement (in some cases);
• Keys.

Only if you have all the documents will you be able to take the car back.

Cost of impound lot

Evacuation is carried out not directly by the police, but by an evacuation service with which the traffic police has an agreement. The services of both a tow truck and the presence of a car on the territory are paid. In addition, you will have to pay a fine.

Transportation of category A and B cars costs 3 thousand rubles. B (with a power of 80-250 horsepower) - two thousand more. Evacuation of more powerful cars of category B costs 7 thousand rubles, and trucks and cars of category D will cost 27 thousand rubles.

If you did not manage to pick up your car on the first day, you will have to pay from 500 to 3000 rubles for every day the car is idle

Tariffs for security services, depending on the weight of the car, range from 500 to 3,000 rubles per day. This issue is regulated by regional legislation. For example, on the territory of Moscow, the norms enshrined in Order No. 35-R of September 9, 2013 apply.

How much does a parking lot cost?

The cost of services for storing a vehicle in a specialized parking lot is established by regional regulations. The fee is calculated on a daily basis depending on the vehicle category, but it is not charged for the first day.

New payment rules for towed vehicles, which came into force on July 24, 2021, allow you to pay with a 25% discount before receiving it. If you received a vehicle and pay receipts within 60 days, the discount does not apply.

Here is a comparative table of tariffs for impound parking services by region, established for 2021:

Additionally, you will need to pay for the services of towing the car to the parking lot and an administrative fine issued according to the protocol of the offense.

Cost of moving a vehicle to an impound lot in Moscow

Procedure

So, to get your “iron horse” back, you need to:

• Find out where the car is;
• Get the protocol;
• Pay the fine (or do it later);
• Collect a list of documents;
• Pick up the car.

Where to look for a car

It often happens that a citizen returns to where he parked his vehicle, but the tow truck has already disappeared. Finding where he went is not difficult if you call one of the following numbers:

• 02 or 112. The operational duty officer of the emergency services, having heard what happened, is obliged to transfer the call to the traffic police duty station serving the area where the incident occurred;
• To the number of the traffic police duty station (if these numbers are known);
• Evacuation services operating in the city.

You can open the city’s website, which also contains information about detained cars. In the capital of the Russian Federation it is PARKING.MOS.RU. It’s even better to sign up for a mobile subscription on the website - the system will notify you about such cases automatically.

Unlawful detention

If the car was towed illegally, you will have to send a complaint to the traffic police or prove your case in court. At the same time, as already mentioned, it is better not to enter into an argument with traffic inspectors, but to film the evacuation process on the camera of a smartphone, recorder or any other gadget where this option is present. This will come in handy later in the trial.

Until the signing of the protocol with the act of transferring the car, there is a chance to pick up the car on the spot without additional expenses.

If the fact of illegal towing is confirmed, the driver will be compensated for the money spent on the fine, the work of the tow truck and storing the car in the parking lot. Moreover, there is a chance to receive payment for moral damages. In addition, the traffic inspector himself faces a fine of 25 thousand rubles (Article 12.35 of the Administrative Code).

How to prove illegality

The illegality of the evacuation of the “iron horse” will have to be proven. To do this, you need to pick up the car from the parking lot as soon as possible, paying all the required fees, and then seek qualified legal assistance. The defense attorney will help collect evidence for the court (witness testimony, video and audio materials, photographs, etc.).

If the towing service refuses compensation for damage to the vehicle, then you must go to court for compensation for material damage

After this, you need to file a complaint with one of the following government agencies:

• traffic police;
• Investigative committee;
• The prosecutor's office.

It is imperative to indicate the details of the inspector who carried out the arrest and a link to the protocol.

Redemption of a vehicle from impound lot

The decision to evacuate is made by the inspector.
The situation when the driver refuses to pick up the car from the parking lot is not provided for by the rules.

This is due to the fact that if the car is stored for a long time, the amount of debt can grow significantly and exceed the value of the vehicle.

If the driver tries to do this, he may be sued to collect the debt. Therefore, you need to buy a car as early as possible in order to reduce the amount of costs.

Sometimes it is possible to agree on payment in installments, but to do this you need to convince the towing service that the owner’s income level does not allow him to pay the entire amount at once.

How to pick up a car from an impound lot in various situations

Without owner

Until relatively recently, it was not possible to pick up a seized car, except by presenting documents on ownership of it, or a power of attorney. In 2021, every person included in the MTPL policy can do this. If it is not there, but the citizen knows for sure that his name is there (for example, the car is in the parking lot, and the folder with documents is in the cabin), he will have to work hard to get them, after which the car is sealed again and the issue of the possibility of extradition is decided.

Without payment

If the detention was carried out under legal circumstances, then it will not be possible to return the vehicle without payment. Or rather, according to current regulations, the car will be given back anyway, the main thing is that the applicant has supporting documents that he has the right to drive this particular car. But then all this has to be paid for. A receipt is required for each payment. The payment period is sixty days.

If for some reason the payment paper is not given, then this is a serious reason for going to court and the tax office. The phenomenon of money laundering through impound lots has not yet sunk into oblivion. The tax office will definitely be interested in this circumstance.

You should absolutely never, under any circumstances, try to “remove” a car from the parking lot on your own! Among not very literate citizens, there is a widespread opinion that, they say, the storage service is imposed, and therefore no one is obliged to pay for it. This has nothing to do with reality! Firstly, the very fact of entering the impound lot is illegal (Part 2 of Article 20.17 of the Administrative Code). In addition, there is also the prospect of criminal liability (Article 215.4 of the Criminal Code). An additional fine and possibly arrest will follow.

Without insurance

The MTPL policy is included in the set of mandatory documents, without which it is impossible to obtain a car. This also includes delays. If the policy is invalid, you need to issue a new one or renew the existing one. According to the rules of 2021: if the MTPL policy is expired, but by less than a month, you can get the car with it.

It’s a completely different matter if the precious form remained in the interior of the detained car. You will have to make a number of efforts to get it back. First, you need to find out exactly where the tow truck went, then collect the necessary papers, then the car will be opened in front of the owner by parking lot employees. After receiving the documents, the car will be sealed again. With a complete set of documents, you need to go to the traffic police duty station for permission, confirming that the citizen can receive the vehicle in his hands. Now you must present the documents to the parking lot staff, and only now will you be able to get the car.

If the documents are left in the car, you must go to the impound lot, where, in your presence, the parking lot employee will draw up a protocol for opening the car and removing the required papers from it.

It is best to avoid situations where the possibility of handing over a car from the impound lot becomes jeopardized due to the MTPL policy. Practice shows that although this paper is not paramount, like, for example, a technical passport, it is also included in the set of mandatory documents and without it they will not even talk to the car owner. Never skimp on insurance and extend its duration!

Without a power of attorney

A power of attorney is not required to return a car “stolen” by a tow truck. It is enough to present the compulsory motor liability insurance policy, where the applicant’s name is listed. If the policy is valid and issued in accordance with all the rules, then the car will be returned.

After drinking

The procedure for receiving a car in your hands is the same if the incident did not entail consequences associated with the criminal code of the Russian Federation. If the owner was drunk, then you first need to sober up, and only then go to the traffic police department. The driver's license will remain for ten days. If this is impossible, and the citizen himself cannot get behind the wheel, then you need to issue a power of attorney for another person, or contact towing services.

It is important! A driver's license can only be confiscated by a court decision! No inspector is authorized to do this, so you cannot give your driving license to a traffic police officer. If the driver is so illiterate that he succumbed to the assurances of self-government, he should contact a lawyer and only then “rescue” his documents.

If your car is seized for drunk driving

Deprivation of rights for driving while intoxicated is carried out only by court decision. Therefore, before the verdict is passed, the driver has the opportunity to independently pick up his car from the impound lot. According to the current regulations, this will cost him a significant amount of money.

Having sobered up after drinking, the driver must:

• prepare all documents (insurance policy, license, registration certificate, passport);
• make a deposit of 30,000 rubles (the amount is equal to the fine for driving while intoxicated);
• obtain from the traffic police department a copy of the resolution on the offense with a note indicating permission to issue it;
• pick up the car from the impound lot.

You can pay for tow truck and car storage services either immediately or within 60 days after completing the protocol. In addition, another person who is included in the insurance policy or has a notarized power of attorney to drive the detained vehicle can pick up the car.

Is it possible not to pick up the car?

The longer the car is parked, the higher the amount for its stay becomes. Therefore, it is necessary to pick up the vehicle as soon as possible. In some cases, tow trucks are forced to go to court to recover the necessary amount from the negligent owner.

Sometimes it happens like this: the car is already in such a condition that it becomes impossible to drive it, and the owner decides to leave it to the owners of the parking lot as compensation for expenses. However, this is not always possible; a car, even in reasonable condition, will most likely not be valued at one hundred percent of its value.

In what cases can they refuse to issue a car?

The “iron horse” will be refused in the following cases:

• Absence of at least one of the required documents;
• The driver is drunk;
• There was no permission from the traffic police.

In other cases, the retention is illegal.

There is no need to be afraid of evacuation services - this is life, and anything can happen in it. The main thing in such situations is to know your rights and obligations, then the return of the car will take place without any special financial or emotional costs.

• Author: Andrey
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