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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.
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.
Deadlines for appeal
You can challenge an administrative offense with the traffic police within 10 days from the date of receipt of notification of the fine (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If you were unable to use this period for a good reason, for example, you were in the hospital or on a business trip, then you are given the right to restore the missed period in court. To do this, fill out an application and attach documents (sick leave, travel certificate, etc.). In this case, the court is obliged to consider the complaint within 60 days.
You cannot appeal a traffic police fine directly to State Services. You can use the portal as an intermediary to go to the official website of the traffic police. Where you need to make an appeal and upload evidence. The period for challenging the fine is 10 days from the date of receipt .
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 appeal a fine online through the traffic police website
First of all, it is necessary to take into account the nuances that are present when creating an appeal on the official website of the traffic police:
- It is necessary to ensure that the volume of the appeal does not exceed 2000 characters;
- The appeal should be formulated in a formal business style. Thoughts must be expressed as briefly as possible, accurately and without obscene expressions;
- You can add photo or video materials to your appeal for consideration. To download, you do not need to archive, the main thing is that the file size does not exceed 5 MB;
- Sending to the State Traffic Inspectorate of the region occurs after the questionnaire is completely filled out;
- The response will be sent in one of two ways - either by email or in writing by mail.
To send a complaint to the State Traffic Inspectorate, use the following recommendations:
- first of all, on the main page of the site, select the “Internet reception” section and there find the desired region of the authority where you need to send the application;
- Next, select the purpose of your appeal (if it is a fine, you need to select “complaint”);
- after that, select the type of response that is most preferable and convenient;
- It is recommended to leave a mobile phone number (this is necessary so that traffic police officers, if any questions arise, can ask them specifically to the applicant);
- then indicate the reason for filing the appeal (all reasons must be indicated in order to review the resolution/decision);
- to prove your case, provide the relevant documents;
- Before sending a message, enter the specified numbers to prove that you are not a robot;
- send a message.
How to appeal a fine from a camera for illegal parking? Is it possible to challenge a traffic police fine if you have signed that you agree? Read here.
Find out how to appeal a speeding camera fine at the following link:
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.
How to appeal a traffic police fine through State Services
Drivers who have received notifications about their own violation on the road often look for a way to appeal a traffic police fine through State Services.
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Maria Skoraya
Insurance expert
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The Internet mistakenly suggests that after entering the site you should look for the “ Appeal ” button, but in reality such a button does not exist there.
On State Services you can check information about the fine and save a lot of time. You can directly appeal the fine to the State Traffic Inspectorate, MADI, AMPP or GKU. After submitting an application, complaints will be taken into consideration by employees of the selected department.
Authorization on the site
Now, to authorize on the State Services website, you must have your own account.
There are 4 ways to create an account:
- With the help of banks - online. You must be a client of banks such as SberBank, VTB Bank, Tinkoff Bank and other institutions, a list of which can be found on the State Services website.
- Through a personal visit. You need to contact the nearest service center, having with you your passport as a citizen of the Russian Federation and SNILS.
- Via Russian Post. It is possible to order a letter with a code within Russia or abroad.
- Using a Qualified Electronic Signature. You need to insert the USB flash drive with the CEP onto the page with your personal data.
Using CEP is possible only after installing the necessary plugin on your computer or laptop.
To enter your academic record, you need to enter the following in the appropriate fields:
- login – it can be SNILS, phone number or e-mail specified during registration;
- password;
- Click the “ Login ” button.
To log in using the CEP, just connect the USB flash drive to the desired page and click the “ Finish ” button.
Checking fine information
To check data about violations recorded by cameras, you need to do the following:
- authorize an account on the State Services website;
- select the personal account tab and check whether the driver’s license information is correct.
If the driver’s license has not been added, you need to click on the “ Add a driver’s license ” button, then enter the series and number, date of issue and until how long it is valid. Click the “ Save ” button.
- in the “ Transport and Driving ” section, check that the information about the desired vehicle is correct.
If the vehicle has not been added, you need to click the “ Add vehicle ” button and enter the license plate number, registration certificate and vehicle name.
Complete the procedure with the “
Save ” button.
- open the tab "Car and traffic fines", in the upper right corner click on the button "Check»;
- the system will show all existing fines linked to the driver’s license and vehicle.
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.