What is the penalty for incorrect parking? Is it possible and how to appeal a fine for parking incorrectly?
From June 1, 2012 to the Code of the Russian FederationThe amendments were made concerning toughening of punishments for violation of the rules of the State Traffic Safety Inspectorate. In particular, the penalty for improper parking was raised. 2013 was a period of "running in" of new amendments, which caused widespread discontent of drivers.
The reasons for the tightening of penalties
The penalty for improper parking was increased byconnection with the disastrous situation on the roads of the capital. Numerous congestions, provoked including by cars thrown along the road, cause indignation among all drivers. Nevertheless, some of the car owners continue to park their iron horses in violation of the rules, creating obstacles for the traffic flow.
That is why it was decided to increaseten times the amount of a fine for those traffic violations that provoke congestion. Thus, the authorities hoped to at least slightly relieve the roads and ensure greater patency. Simultaneously, in Moscow it was planned to build a number of parking lots with a total area of 1.5 million car seats.
Penalty for improper parking in Moscow
Not so long ago the amount of punishment for wrongparked car was only 300 rubles. Unpleasant, of course, but not fatal. This penalty caused negative emotions rather the fact of its existence (the fact that the driver needs to go somewhere to pay it) than the forthcoming financial losses.
However, at present the situation has changed. The penalty for incorrect parking in Moscow is from 1.5 to 5 thousand rubles. One and a half thousand will pay those car owners who committed common violations, such as parking in the place for the disabled, not on the markings or the wrong parking in the yard. A fine of 2.5 thousand rubles. write out to everyone who has not paid a stay in paid places or violated the order of making money. And finally, a fine of 5 thousand rubles. threatens for attempts to cheat: hide or remove numbers so that the car owner can not be calculated.
The first thing to do when receiving a receipt is to make sure that this is not another trick with which criminals try to get money from law-abiding citizens.
To begin with, you need to check with the information located in the Center for Road Traffic Management or on the CCDA website. Here you can learn how to distinguish a fake from a real receipt.
This receipt must contain twophotos of cars: a general plan, which shows what exactly the violation is, and a close-up of the machine number in the same foreshortening. In addition, the address on which the violation of the parking rules were recorded should be indicated.
However, the mentioned photo and address is quite easyto forge. With today's technology development, a camera and a printer for printing a fake blank are almost everyone's. Therefore, for complete confidence in the authenticity of the document, you need to carefully study the details. You can check accounts by numbers: the numbers of the budget account differ from the figures of the account of a legal or private person. But the easiest way to compare these details with the official, which are listed on the site.
Penalty for improper parking in urban areas and in private parking
When receiving a receipt for payment of a fineIt is necessary to find out for what offense it was obtained. For example, for a long stop on a paid city territory, the receipt is issued to the owner of the car. The city authorities are not obliged to prove who was behind the wheel, and if the fine was not paid within the specified time, the decision on recovery is sent to the judicial executor. For late payment, penalties are charged, and the authorities still try to get the required amount from you, even by arresting personal property and a bank account.
When non-payment for parking in private parkingPenalty can be assessed only to the driver, who at that moment was behind the wheel. That is, before collecting the funds, it is necessary to accurately determine the person who controlled the vehicle. Although the receipt for payment is sent to the owner of the car.
Penalty for non-payment of private parking is made through the collection companies or through the court. As a rule, in the latter case, a penalty is awarded. However, there are
possibility to challenge a court decision, if notcompletely, then, in any case, reduce the amount of payment. When placing a car in private parking, the driver enters into an oral agreement with the owner of the said facility (or his representative) for the provision of services. In this case, the client should be provided with full information about the cost of the parking lot and the amount of the penalty. As a rule, these data are registered on the shield when entering the territory. And if the information is not clear, is interpreted ambiguously or not at all, it can induce the court in favor of the car owner.
Where to find out about the penalty
You can find out all your unpaid fines ina single electronic database of the State Traffic Safety Inspectorate. To do this, just enter the number of your driving license into the system. More such information is provided on the portal of the "State Service".
The main problem is that the electronic databases are not updated very quickly, and the driver may delay payment of the fine.
One of the main ways to learn about punishment is to leave ordinary mail. Each infringer receives a letter detailing the offense and the terms of payment.
Is it possible to pay fines for the traffic police for improper parking?
A fine can be appealed within 10 days fromthe moment of his discharge, and if the car owner was refused, then he must be paid within thirty days. If this is not done, then you can be judicially increased the recovered amount, as well as a very real term - up to 15 days.
Therefore, if you do not want to pay a fine forwrong parking, you need your unwillingness to back up with the appropriate court decision. Most lawyers agree that it is difficult to win such a case in court, but, in principle, it is possible. But most often the car owner wins not at the expense of irrefutable evidence of his rightness (photos and video materials are usually treated in favor of the traffic police), but due to violations of the procedure for registration of the protocol: the time, date or place is incorrectly indicated, etc.
In addition, to appeal to the court you need to collect allnecessary documents and correctly formulate a statement, so that the help of an intelligent lawyer will be required. And the services of such a specialist are much more than the amount of a fine. So in court you will have to protect not money, but only your principles.
How to appeal a fine for parking incorrectly
Nevertheless, sometimes it is worth fighting for their ownrights. Let's give an example (by the way, quite common): the car is in one place, and the car with the registrar passes by several times. Accordingly, you for one offense receive several receipts.
In order to challenge a fine for incorrectparking, you need to collect photos that confirm your words, write a complaint and send all the materials to the traffic police. If the evidence is convincing, then you will be fine.
If the cancellation of the punishment was not met, you can go to court.
Has the situation improved after the punishment is tightened?
As practice shows, how much penalty forincorrect parking does not increase, it does not affect the situation on the road. And now. The drivers did not drive or park better. Experts predicted such a development of the situation before the adoption of amendments, since this result was quite predictable. Why does this happen?
First, there was not much time left to do so,so that the new system works. And it's not just about technical issues; it is necessary that drivers have a clear understanding that serious breach of the rules will follow.
Secondly, the entire system is in doubt, because of the fact,that it still does not work everywhere and not at full strength. Simply put, there is no principle of inevitability of punishment, which means that drivers still rely on what "today will carry".
And yet: pay or not pay?
To pay or not to pay a fine for incorrectparking? Of course, if it is legally written, then it must be paid off. And if the driver is 100% sure that he did not commit any offenses? Lawyers recommend in such a situation to seek help from justice, and today there are cases when a court rises to the side of the car owner.
However, those people who have already experiencedlike a problem, recognize that a lot of time and energy is spent on it. We have to collect documents, attend meetings that can be postponed, and therefore, get out of work, spend money on trips around the city, etc. It turns out that sometimes it is cheaper to pay an improperly written fine than to prove one's case in court.
It remains only to hope that in the future the situation will change for the better: drivers will be parked only by the rules, and individual fines will be issued legally.