​Fine for unpaid parking in 2021

Fine for unpaid parking in Moscow

In September 2021, Tatyana Skorykh (last name changed) parked her car on one of the Moscow streets, near her house. There was a paid parking sign nearby, but the woman decided that she had parked the car in the local area and had not paid anything.

The violation was discovered by an inspector checking the parking lot using a special ParkNet complex: the device transmitted data about the violation to the State Public Institution “Administrator of the Moscow Parking Space.”

According to information on the ParkNet website, this is a tablet-based device that can work both manually and automatically (that is, without the participation of a patrol inspector, who is only needed to select a shooting angle).

An employee of the department for registration and recording of violations brought the ambulances to administrative responsibility under clause 2 of Art. 8.14 of the Moscow City Code on Administrative Offenses (“Failure to pay for placing a vehicle in a paid city parking lot”) and fined her 2,500 rubles.

The parking fine was issued in a special manner, without drawing up a report on the administrative violation.

What happens if you don't pay for parking in Moscow

Together with bailiff Kirill Mukhanov, we are studying the “personal files” of fine debtors. The amounts are fire: up to 200 thousand rubles are credited to each persistent defaulter. Some Russians have a cheaper car. What do the poor people who got caught with that kind of money drive? We look: Audi, Mercedes, BMW - and not a single Zhiguli car. Here is Muscovite Valentina M. - 66 fines. Almost all of them are for unpaid parking. And in the same place, on Samotechnaya Street not far from the exit to the Garden Ring. Apparently the woman works here somewhere. Employees of the “Administrator of the Moscow Parking Space” (this organization in Moscow is responsible for paid parking) looked up the archives and saw that the lady driver regularly parks her Audi A5 in this area and apparently drives the same route from 7 to 9 in the morning.

“All the woman’s fines are relatively recent,” says the bailiff. — 60 days are given for payment, but this period is overdue. Therefore, we initiated enforcement proceedings based on 66 decisions of the AMPP. As a result, the debtor faces a fine of 165 thousand rubles and another 60 thousand in fees.” All voluntary deadlines have expired. But the woman never turned to the bailiffs and did not try to pay off her debts.

What happens? One of the main “punishments” is the seizure of the car. That is, the car is loaded onto a tow truck and taken to a special parking lot. And it doesn’t matter if the owner is nearby. From now on, he has 10 days to fully repay the debt and bring a receipt to the bailiff. Did not have time? Then the car is sent for sale at auction. Which means goodbye to leadership.

However, Moscow drivers are not going to part with either their car or their money that easily. AMPP employees say that sometimes the case ends in a police chase. Traffic police inspectors slow down the debtor’s car, and the debtor stops on the gas and into the courtyard. And when they catch up, they simply say that they “didn’t notice” the car with the “chandelier” on their tail. There have also been cases when the driver simply locks himself in the car. “Wigwam”, they say, don’t evacuate! In fact, in such cases the police are called. And the patrol officers can already use force - so you still have to get out. Another Mercedes owner, who did not have 380 rubles (that’s how much an hour of the most expensive paid parking costs), simply parked the foreign car in a private guarded parking lot behind a barrier. Neither the AMPP form, nor even the unfolded “crusts” of the security bailiff convinced him to raise the barrier. True, upon seeing the police officer’s car, the Mercedes guard, who had just been putting on airs of importance, suddenly suddenly took the side of the tow truck. In short, for every wise man there is a “crocodile”. True, the girl in the Audi, for whom we came to Samotechnaya at 7 am, somehow miraculously changed the route and drove past her office. However, she has already appeared on the inspectors’ tablets, so she cannot avoid paying fines.

As, indeed, do dozens of other owners of foreign cars who still park “for free” even in the center. The AMPP said that over the past year, bailiffs have seized the property of 18 of the worst defaulting motorists.

By the way

Not only willful defaulters of fines may face penalties from bailiffs. It is possible to seize the debtor’s car “before payment”, even if it has not been paid on time and at least one decision has not been appealed. Currently, the fine for unpaid parking in Moscow is 5 thousand rubles.

Timeline Dark Infogram

Woman against a fine for unpaid parking

Skorykh did not agree with the fine and went to court to protect her rights.

In substantiating her position, Skorykh indicated that:

• she parked the car not near 3/9 on the 3rd passage of Maryina Roshcha, as ParkNet indicated, but near the neighboring high-rise building at number 5;
• her car was not parked where the “Parking” and “Paid Services” signs were installed, but on the opposite side, where the parking space was not marked and not equipped, that is, in fact, she left the car in the local area.

How to challenge a fine for unpaid parking if there was no violation

Receive a copy of the fine. If you see that you have been issued a fine for violating paid parking, wait for the decision - it will be sent by registered mail. Such a letter can be received electronically using the Russian Post service. After you activate the service, letters will be sent to your personal account, and not to a physical mailbox.

Collect evidence. Collect photographs from the scene of the violation - remove markings, parking signs if they are hard to see, and the traffic situation in the area. Perhaps the road workers did not restore the markings, so you were issued a fine.

Submit a complaint. You can appeal a fine for unpaid parking within 10 days. Send a complaint to the organization that issued the fine. In Moscow, these are the Moscow Administrative Road Inspectorate (MADI) and the Moscow Parking Space Administrator (AMPP). Call and use the notification number to find out which address to send the complaint to.

Attach scans of documents for the car and photos from the scene of the violation to the application. The documents you will need are a car registration certificate, license and compulsory motor liability insurance policy. The application is registered within 3 days and assigned a number. The department has 10 days to review.

The complaint may be rejected if:

• • you entered the order number incorrectly,
• • provided incomplete or incorrect information about the applicant,
• • filing a complaint too late
• • complain about a ruling issued against another violator.

The court's position: ParkNet is not mistaken

The Ostankino District Court of Moscow considered that, according to the rules for the use of city parking lots and the placement of vehicles there, approved by Moscow Government Resolution No. 289-PP, the entire section of the road network belongs to the city parking area. Accordingly, it does not matter which side the car was parked on as long as it was within the paid parking area.

The court also drew up a logical chain, analyzing the operating principle of the ParkNet complex:

• the product was in good working order, as there is an inspection certificate;
• a working tool detects only cars that fall under the influence of either a sign or markings, that is, cars of violators;
• There is no reason not to trust the data from the ParkNet complex.

The District Court, like the Moscow City Court, agreed with the position of the court of first instance and confirmed the guilt of the ambulances in non-payment of parking. The deputy chairman of the Moscow City Court also supported their position.

Rules for using paid parking

When entering paid parking zones, the driver must be prepared for the fact that he will have to pay to place the vehicle. Paid parking areas are marked with special signs with a “P” sign.

Once you have occupied a parking space, you need to pay using one of these methods:

• By SMS. To number 7757 (for Moscow) you need to send a message with the parking number, car number, and also indicate the number of hours for which the driver plans to leave the vehicle. Example: 2003*A888EC*5. The amount will be debited from your phone account. If you leave the parking lot early, you can get your money back by sending a message with the text “C” to the same number. In this case, the unspent amount can be used next time.
• Payment via machine. If the territory is equipped with a parking meter, then you can deposit funds through it, but only with a bank or parking card. The procedure is simple: you need to insert the plastic card into the terminal, click on the payment button, enter the vehicle sign and confirm the operation.
• Via a mobile application. Making a payment for paid city parking using this method is only possible after registering on the Moscow Parking Space website and installing the application on your phone. You need to log into the application, indicate the parking number and number of hours.

What else you need to know about paid parking:

• You can occupy the territory for free for the first 15 minutes . But these minutes are given to a person not for free parking, but for making a payment. It is worth remembering that cameras can record the presence of a vehicle in the parking zone, and if payment has not been made, the driver will have to pay a fine.
• If the paid time is over, the driver must leave his seat within 10 minutes.
• For persons living in houses or working in institutions in paid parking zones, free parking is provided if they have received a special resident's ID.
• Disabled people can park their vehicles free of charge, but only in specially designated areas marked with appropriate signs.

It should be remembered that for placing a vehicle in a parking lot without paying for the space, the driver faces a fine for unpaid parking.

Position of the Supreme Court: abolish parking fines

The woman turned out to be persistent and complained to the Supreme Court, which took the following position:

• in this situation, it was possible to do without a protocol on an administrative offense only if the violation was recorded by a special automatic device (Part 3 of Article 28.6 of the Administrative Code “Imposition of administrative punishment without drawing up a protocol”);
• the lower courts did not examine how the ParkNet complex works - automatically or with the help of an operator.

In 2021, the case was returned by the Supreme Court for a new trial (No. 5-AD 20-113).

The legislative framework

The legislation of the Russian Federation defines the deadlines within which fines for administrative offenses must be paid, as well as the statute of limitations.

Important! The main regulator in matters of administrative offenses, which determines what constitutes a violation and what preventive measures are provided for them, is the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation).

According to Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, a resolution on an administrative offense provided for in Articles 12.8, 12.24, 12.26, Part 3 of Article 12.27, Part 2 of Article 12.30 cannot be issued later than two months from the date of its commission. This means that if a decision imposing administrative liability in the form of a parking fine is issued at least one day after the expiration of two months, it is not valid.

Review of the case: parking fine canceled

The Ostankino District Court, re-examining the case, turned to the resolution of the Plenum of the Supreme Court No. 20 of June 25, 2021.

It says that automatic mode is when the device is not influenced by a person in any way and it records all violations that fall into its lens, for example, when installed on a vehicle.

Since the case materials do not contain confirmation that the ParkNet agro-industrial complex operated without the participation of an operator, the court dismissed the proceedings for lack of proof of the circumstances.

When do I need to pay and is there a statute of limitations?

After you have received notification of a violation, you have sixty days to pay this fine , in accordance with Part 1 of Article 32.2 of the Administrative Code. As mentioned above, the statute of limitations within which a decree can be issued to you is two months. The statute of limitations for an unpaid fine is two years.

Important! If the motorist does not pay the fine, he will be held administratively liable under Article 20.25 of the Administrative Code, which includes double payment of the fine or arrest for 15 days, and he will not be able to leave the border of the Russian Federation until all debts are repaid.

We talked in this article about the deadlines for paying parking fines, and we wrote in detail about what a driver can face if he ignores a fine for unpaid parking.

When is it possible to cancel a parking fine?

The mode of operation of the fixing complex (manual or automatic) is of decisive importance in similar cases.

The Plenum of the Supreme Court, in Resolution No. 20 of June 25, 2021, clarified the concept of “automatic complex” and explained what to do if the filming was carried out using a telephone, video camera or video recorder: in this case, the standard procedure for bringing to justice applies. A “letter of happiness” cannot come automatically.

Established judicial practice has established that ParkNet is not a special technical device, since it does not make measurements, but performs the functions of a photographic means.

Is there a discount on the fine in 2021?

Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation directly states that a fine is paid in the amount of fifty percent of the total amount imposed if the offender paid the money no later than twenty days from the date of the decision on the administrative offense.

These rules apply to the offenses specified in Chapter 12 of the Administrative Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, Part 3.1 of Article 12.16, Articles 12.24, 12.26, part 3 of article 12.27 of this Code.

Next, we invite you to watch a short video about fines that can be paid at a discount.

After watching the video, you already know almost everything about the discount. But don’t rush to close the page; with parking, everything is not so simple. Therefore, we will further tell you when you can pay 50% for parking and when you cannot.

50% for illegal parking

If you turn to the Code of Administrative Offences, you will find that it makes no mention of such an offense as illegal parking. However, Part 4 of Article 12.16 refers to a violation of the requirements prescribed by road signs or road markings prohibiting stopping or parking of a vehicle. This means that a fine for incorrect parking will be charged in accordance with Part 4 of Art. 12.16 Code of Administrative Offenses, namely 1500 rubles.

Now let's look at Part 1.3 of Art. 32.2. It specifies offenses for which the offender is not given a fifty percent discount. Such violations relate, for example, to driving a vehicle under the influence of alcohol or illegal drugs. Failure to comply with parking rules does not fall into this category.

Conclusion . For incorrect parking you can pay 50% of 1500 rubles.

For unpaid parking

The driver who has parked his car in a paid parking lot must immediately make payment. The norms of the Code of Administrative Offenses of the Russian Federation do not distinguish non-payment for parking a vehicle as a separate violation. That is, in this case, the rules of Article 32.2 of the Code of Administrative Offenses apply .

The only condition for the benefit when paying a fine is a twenty-day period for depositing funds. But you should take into account the norms of regional legislation; according to some of them, the fine is paid in full, regardless of the payment period.

We talked about what the fine is for unpaid parking and what will happen if you don’t pay it on time in this material, and read about how you will receive notification of such a violation and how quickly you will need to make payment here.

Is there a grace period in Moscow?

Responsibility for violating parking rules in Moscow arises according to general rules. In this case, the guilty party can pay half of the funds if the twenty-day deadline for depositing funds is met, according to the rules of Article 32.2. Code of Administrative Offenses of the Russian Federation.

In case of non-payment for parking, the norms of Article 8.14 of the Moscow Code of Administrative Offenses are applied. This means that receiving a 50% discount when paying a fine for unpaid parking is not provided.

Conclusion . For violation of parking rules, you can pay 50% of the total amount. But for unpaid - no!

How can I challenge a parking fine?

To appeal a parking fine in 2021, 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.

Is there a discount on parking fines

In total, the administrative code of the Russian Federation identifies 7 offenses for which a 50% discount on payment of a material penalty is not provided. This includes:

• Driving in a vehicle that does not have a certificate of registration in the traffic police database;
• Driving while under the influence of alcohol or drugs (this clause also includes handing over a vehicle to a person under the influence of intoxicating substances);
• Exceeding the established speed limit by more than 40 km/h repeatedly in a short period of time;
• Passing an intersection on a red light for the second time in 30 days;
• Overtaking by crossing a solid line or unjustifiably driving into the oncoming lane;
• Any offense resulting in harm to the health of third parties;
• Refusal to undergo a medical examination for alcohol or drugs if involved in a traffic accident.

Based on this, it follows that a discount for a parking fine is provided for by law, but on the condition that the citizen makes payment on time according to the issued order. He is given no more than 20 days for this procedure from the date of receipt of the traffic police report.

Parking fines

Car owners will receive parking fines in 2021 if they:

Where can I find out if there is a parking fine?

It is extremely beneficial for any driver to receive timely information about fines for traffic violations, including parking. For these purposes, you can use various information resources.

1. Official website of the traffic police. The best option for checking is to use the official website of the State Road Safety Inspectorate. It contains all the necessary data regarding traffic violations. The information is freely available. It is divided into thematic sections. The site interface is quite easy to use, so the procedure for obtaining the necessary information will not cause difficulties for the interested party. We wrote in more detail about how to find out about fines at the traffic police here.
2. Public services. Another option for obtaining information is the State Services portal. Such a resource contains all the data relating to payments and debts. A separate section is devoted to the payment of fines for violating traffic rules. In order to use the resources of the resource, you must go through the registration procedure on the site and confirm your account. Read more about this in another article.
3. Website mos.ru. The special resource mos.ru is the official website of the Mayor of Moscow. It contains a separate section regarding verification and payment of fines. You must go through the authorization procedure on the site before checking. After this you can use it to its full extent. The data concerns only those fines that were imposed in Moscow.
4. Mobile app. Using a mobile application is perhaps the most convenient option for checking fines. This method allows the interested person to obtain the necessary information from anywhere. This application is called “Traffic Police Fines.” You can install it on your phone and use it at any convenient time. The program is free. You can download it on Google Play and Apple Store. You can read about mobile applications for checking fines here.

Payment terms with 50 percent discount

1. A citizen must have committed a traffic violation, which provides for the possibility of payment in the amount of 50%.
2. A discount on the payment of half is provided if the fine is paid within 20 days from the date of the decision.

We count 20 days from the date of receipt

Upon the occurrence of traffic violations, a protocol is drawn up. This document has the right to be drawn up by a traffic police inspector, who describes the current situation and also indicates responsibility.

Expert opinion

Suvorov Mikhail

Leading lawyer-partner of the Legal Center

One of the evidence of an administrative offense is a protocol reflecting the actual circumstances of the administrative offense. Drawing up a protocol does not give rise to immediate responsibility of the citizen, since the protocol acts as a mirror of the process, and not an executive document. An executive document is a resolution made by an authorized person in the framework of a case of an administrative offense. The date of the decision is a signal of the beginning of the period ( twenty days ) when the amount of the imposed fine can be reduced by half. The countdown of the first day of preferential payment of a fine begins on the date following the date of the decision . Justification: Code of Administrative Offenses of the Russian Federation (clause 1.3, part 1, article 32.2), Federal Law of October 2, 2007 N 229-FZ (clause 6, part 1, article 12).

8 (800) 350-14-90

If a copy of the document was received late by the guilty person, the deadline can be restored in court or by the body that issued the decision . A decision of this nature can also be made by an authorized official. If the specified authorities extended the time or spread it out, the funds are paid in full.

Submitting an application

Filing an appeal against a fine for illegal parking in 2021 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 2021, 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.