What to do and where to complain about incorrect, illegal parking

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The law gives every citizen the right to notify authorities about the improper placement of a car that interferes with pedestrians or the passage of other vehicles. But first you need to find out the list of services in the city where you can complain about parking on the sidewalk, lawn or in other prohibited places.

Important! It makes sense to apply only if all evidence of the violation has been collected in the form of documents and videos or photographs.

Authorized organizations

Every day Muscovites have to deal with drivers who break the rules. One motorist blocks the entrance to the yard for an emergency vehicle, another parks his car at the crossing. In such a situation, any of the road users can record the fact of the violation and file a claim:

• district officer;
• to the local administration;
• on the website of the Main Directorate for Road Safety;
• to specially created commissions that deal with illegal parking.

Or use the application and send data to one of the online services:

1. "Angry Citizen"
2. "Active citizen"
3. "Moscow's Assistant"

How should a complaint be filed?

You can complain about spontaneously organized parking in the yard using the “Spot” application for Muscovites or “Angry Citizen” in other regions in electronic form. But in any case, in order for a complaint to be accepted for consideration, it must be properly formatted:

1. It is necessary to take at least 5 photographs from different angles so that the license plate number of the vehicle is clearly visible and that it is located on the sidewalk.
2. It is advisable to obtain the signatures of 3 witnesses living in this residential complex.
3. If there are CCTV cameras in the yard, you can make a copy of the footage confirming the complaint about regular parking on the sidewalk.

We give advice on where to complain if there is parking on the sidewalk in the yard not with the goal of ruining your relationship with your neighbors, but so that people in the yards can move freely, not constrained on all sides by the vehicles of car owners. Many city residents try to plant flowers and trees in their yard so that they become a recreation area. No one has the right to prohibit them from doing this for selfish reasons, for the sake of their own convenience.

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Additional features

The growth of motorization in large Russian cities has led to the emergence of a new type of organization that was created to provide assistance to traffic police officers. Therefore, in the capital, you can also contact the MADI service, which deals with administrative offenses, where you can send a photo of a parking violation in Moscow:

• written application - in the classic form (application on paper sent by registered mail);
• electronic form – to the official email.

Drawing up and submitting a written complaint to Moscow Parking

A written version of the complaint about illegal actions (inaction) of responsible persons is drawn up addressed to management in free form and sent to the company’s postal address. The procedure for preparing is essentially the same as for an electronic complaint.

A written claim is sent by registered mail to: : 125040, Moscow, st. Skakovaya, 19, Moscow State Public Institution "AMPP". Meanwhile, you can deliver a written complaint by personally visiting the company’s service center on Staraya Basmannaya Street, or by sending it with a representative (courier). That is, the appeal is sent by mail to one address, and submitted in person to another.

The text of the complaint is drawn up and formatted according to the general principle: document header - title - main part - conclusion.

The complaint must also include the date of writing and the signature of the complainant, preferably with a transcript. The specified minimum information must be present in any application. The data presented in it must be reliable. Key requirements for the text: specificity, conciseness, clarity, basic literacy.

If, for example, the applicant’s personal data or address for a response is missing, or if they are unreadable, this may result in refusal to consider. Overly emotional complaints, with offensive expressions, sometimes with a threatening connotation, especially with obscene words, remain without consideration.

Administrative responsibility

In an effort to free the area from illegally parked cars, service users provide tremendous assistance to traffic police inspectors. In other words, they work in close cooperation. For example, the online service “Moscow Assistant” is just over three years old, and the application has already been downloaded by more than three thousand people. During this year alone, three hundred thousand violations were reported through the portal.

Healthy! According to the State Traffic Safety Inspectorate, compared to the same period in 2017, the number of traffic accidents on the city’s roads decreased by nine percent. The indicator has been reduced, partly due to the active position of citizens.

Action plan

It is enough to take a photo of the car number to check whether parking has been paid for. If everything is in order, the program will report this, if not:

1. After fifteen minutes of waiting, you will need to additionally photograph the car from several angles through the program and record the situation around it.
2. Send evidence to city services, which will decide to impose a fine.

Even if the time on your smartphone is set incorrectly, the application will still display the information correctly. When the phone does not have a function for recording the place and time of shooting, recording can be done manually.

If payment is not received, the user will be asked to take a photo again or shoot a short video. When the information is accepted at the data center, the message will change to “Under consideration”, after which one of the responses will come:

• the violator is fined;
• claim rejected.

Reference! If earlier in court such recordings from a DVR were not considered as indisputable arguments, today everything has changed, the main thing is to take a photo through the application and the picture should be clear.

Electronic appeal to the AMPP through the Autocode portal

In a similar way, you can challenge administrative decisions for unpaid parking. To do this, go to the website www. avtokod.mos.ru and in the “Appeals” section (at the top of the page) click on “Appeals to the AMPP”.

Important! Only registered users after authorization can fill out and submit the form through the Autocode portal.

The driver who has been fined must prove his innocence when filing a complaint. When starting an appeal, he indicates: his data, the resolution number, the reason for the challenge, after which he attaches supporting materials and sends the generated message via Autocode.

If after this it turns out that the applicant forgot to attach some materials or documents, then he can do this in the special section “Providing additional materials.” More details about the appeal procedure are provided in the instructions posted on the portal.

An incoming complaint is registered within the first three days and then considered. At this stage, if the claim is rejected, the claimant will usually be notified accordingly. If not, then a decision is made on it, which is documented and sent to the applicant in the form of a response.

The portal's capabilities allow you to track the actual status of a submitted claim to the AMPP. Current data is provided by the request number recorded in the request form.

What is typical is that, regardless of how the complaint was filed (in person or remotely), you can check its status and monitor the progress of the consideration in any case. The only caveat: this becomes possible only after authorization on the Autocode portal.

The response (copy of the decision) must be sent after the decision is made three days in advance, as required by Part 2 of Art. 30.8 Code of Administrative Offenses of the Russian Federation. If the end of the period falls on a weekend or holiday, then its last day is transferred to the first working day following it. If desired, the applicant can pick it up himself or ask for it to be sent by mail (as an option: to his e-mail).

If the answer does not satisfy the applicant, he has the right to appeal it in court by filing a statement of claim within the next 10 days. Reason: Art. 30.3 Code of Administrative Offenses of the Russian Federation. You should contact the court at the place where the disputed decision was made.

Capital know-how

Recently, in Moscow, drivers, in order to avoid paying a fine, began to remove license plates from their cars or hide them from parking signs (a portable complex in a patrol car, which is designed to detect violations of rules with subsequent automatic processing). The inspector has the right to draw up a report on the driver of a moving car with unreadable signs; for parked ones, such rules do not apply.

Despite the fact that stationary cameras have already been connected that read license plates and an “anti-terrorism” commission has been organized, within the framework of which cars can be identified by VIN number or by identification certificate, it is impossible to do without volunteer assistants to combat such violators.

Attention! The fine for such “no-number” owners is two and a half thousand rubles.

How to appeal a parking fine? Instructions

Briefly, the algorithm for filing a parking complaint looks like this.

1. Study the sent resolution, determine from whom the fine for stopping or parking was sent (traffic police, MADI, AMPP, administration).
2. Collect evidence in favor of your innocence (photos, videos, expert opinions, checks, receipts, diagrams).
3. Write a complaint about the cancellation of the resolution using the sample (see below).
4. Print the document, sign and date it.
5. Scan or take a photo of the complaint so that it is again in electronic form (with your signature).
6. Attach documents and send a protest via the Internet to the authorized body.
7. Track your application review history.
8. Wait for a response.

On a note! Uncheck the box “Please consider the complaint in my absence.” So you can personally meet with a representative of the traffic police, MADI or AMPP. Often this helps to clarify your position, to focus on important details in photos, diagrams and maps, for example, that there were no signs or they were turned in the other direction. Otherwise, there is a risk that the department will leave the same fine, and you will have to go to court to find the truth.

Sample complaint

It doesn’t matter what kind of complaint you fill out - paper or electronic, it must contain the following information:

• To whom - addressed to the head of the department (for example, the General Director of AMPP Ivanov I.A.),
• From: applicant’s full name, address, telephone, e-mail,
• Document title (full),
• Descriptive and motivational part: state the circumstances, number and date of the decision on violation of stopping or parking, who issued it, on the basis of which article of the Code of Administrative Offenses of the Russian Federation or the Code of Administrative Offenses of Moscow,
• Indicate the reasons why you do not agree with the decision and consider the fine to be unlawful, indicate why (with a detailed description of the events, signs, references to applications),
• The operative part: a request to cancel the resolution, as well as other requests (for example, to install a sign for paid parking),
• Attachments (evidence): here you can include photos, diagrams, records from registrars, a car purchase and sale agreement, an MTPL policy, a power of attorney, etc.
• Please consider the complaint in your absence (or not indicate),
• Mark the feedback method, for example, send a copy of the decision on the complaint to your email,
• Date and signature.

Below, it is advisable to indicate how many applications and sheets of complaint you are sending to the department (in numbers and in words).

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Legal basis

You can complain about illegal parking in Moscow for the following violations:

• on site for disabled people;
• on the lawn or sidewalk;
• second row on the roadway;
• at a public transport stop;
• in the yard, creating obstacles to the movement of both vehicles and people;
• under the “no parking” sign and so on.

Residents continue to receive proposals to expand the functionality and add recording of absolutely any violation.

When is stopping on the lawn allowed?

The traffic rules established in Russia consider options for permissible stopping. Parking is allowed along the road or on the border with the sidewalk. There is no direct indication in the traffic rules that parking on the lawn is prohibited. However, such a standard is contained in the Code of Administrative Offenses of the Russian Federation, namely in Art. 12.19. This article reflects the prohibition of such an act by defining specific penalties for the offending citizen.

Here, paragraph one talks about a verbal warning or a fine for a citizen in a certain amount for ignoring parking rules. Specifics regarding lawns or other plantings are not specified, however, fines are applicable in these cases. At the same time, in federal subjects the fine is 5 times higher and amounts to 2,500 rubles . Accordingly, for other entities the fine is only 500 rubles .

A difficult issue for many applicants is the definition of an area with a lawn. In fact, any unpaved fragment bordering a roadway or pedestrian area can be considered such a site. Thus, a lawn should be understood as a plot of land in municipal or common property, even without the presence of specific vegetation on it (since this implies the possibility of growing it).

civil position

Experts suggest that such an opportunity to be vigilant could provoke an increase in social tension in society. But the Ministry of Internal Affairs stated that mobile inspectors work confidentially (anonymously). Their names can be disclosed only if the traffic violator decides to appeal the decision in court.

Interesting! The program is designed in such a way that it is impossible to falsify data; this is one of the basic differences. That is, the material is completely protected from various corrections, any falsification and use of Photoshop will be stopped.

Promising project

The Ministry of Internal Affairs proposed to amend the administrative code. Using the same scheme, it was decided to create the “Wrong Parking” Application and give it full legitimacy (from the Latin “legitimus”, a legal solution to issues or situations). With its help, it will be possible to identify, among other things, serious violations:

• crossing a railway crossing in an unspecified place;
• driving into oncoming traffic;
• running red lights and speeding;
• turning or turning in violation of the requirements prescribed by road signs or roadway markings;
• for not giving priority to pedestrians and special vehicles;
• failure to give way to a vehicle having the right of way.

Is it worth appealing the fine in 2021?

Of course it’s worth it – there are opportunities. And here we have good news for you: it's free and won't take much time.

You are faced with the task of proving that there was no violation or that you were not guilty of the violation. Let's explain in more “legal” language. In administrative law, a person is liable for a violation if there are two important components of the offense:

• events – that is, the presence of a traffic violation,
• composition - the possibility of bringing to justice (the presence of the driver’s fault, the absence of unforeseen force, extreme necessity, and so on, below we will look at this in more detail).

Based on this, you need to collect evidence and correctly build defense tactics.

Below we will look at situations when you can appeal a parking fine.

For wrong stop

Yes, but only in some cases.

For example, if your car is stopped by a traffic police officer in a place where you are not allowed to stop. After all, failure to stop at the request of the traffic police is a gross violation. So it turns out that if you end up in the wrong place, they cannot fine you. The official assumes responsibility and risks for such a stop. Therefore, in the event of a fine, it is necessary to challenge its imposition.

If you stop at a pedestrian crossing, at the intersection of roadways or closer than 5 meters to them, on the sidewalk or at a bus stop without good reason, these are violations that cannot be appealed without compelling evidence that you are not at fault.

For the "No Stopping" sign

According to the traffic rules, you can neither stop nor park at a prohibitory sign 3.27 Stopping is prohibited. The restricted area begins immediately behind the sign (in the absence of a sign with a down arrow). Did you manage to park there? Expect a fine.

When can I appeal a fine?

• When you parked the car before the 3.27 sign.
• If the sign has been unfolded, for example, due to strong wind or mechanical damage. This means that you are not subject to the limiter, which means the fines sent are unlawful.
• When the stop was forced, for example, due to a technical malfunction of the vehicle. To avoid being fined, you must comply with your emergency stop responsibilities. Namely, turn on the emergency lights and put up the appropriate sign on the road - in accordance with clause 7.1 and clause 7.2 of the traffic rules.
• If you are stopped by the traffic police inspector himself in the area covered by the “No Stopping” sign.

Only in these cases does it make sense to appeal the decision on an offense.

For stopping on the lawn

A protest is filed if there are grounds.

It is worth saying that in practice there is no single concept and characteristics of a “lawn”. The differences are at least in the terminology itself, as you can see below.

• According to Moscow regulations, a lawn “is an element of landscaping that is an artificially created surface area, including grass covering and the possible placement of green spaces and park structures.”
• And in Tver, a lawn is considered: “- an area adjacent to various types of coverings and (or) fenced with edging stones, mainly with an artificially created grass cover intended to accommodate green spaces and herbaceous vegetation.”

The appeal of the fine is based on whether the plot of land is classified as a lawn or not. If you are ready to study the “green zones”, regulations, schemes, and you also have photo and video evidence, it is worth filing a protest.

For unpaid parking

Only if the signs and markings speak in your favor.

Cases when a fine for unpaid parking should be appealed:

1. if there was no sign 6.4 “Parking” and sign 8.8 “Paid services” (coins),
2. there were no markings that would indicate the delimitation of parking spaces (in fact: no markings means no paid parking),
3. There was no parking meter - a payment device.

These are the main points for determining paid parking within the city. There may also be malfunctions in the terminals when you paid, but the payment did not go through or went through late.

For evacuation to the impound lot

If the parking did not contradict traffic regulations regarding parking or stopping, the costs of towing and storing the vehicle can be refunded. But before that you need to appeal the decision on the violation. You will most likely have to prove your case in court.

But if you stood in a parking space for the disabled (sign 8.17) or abandoned your car in a tunnel or railway tracks without good reason, evacuation to the impound lot is absolutely legal. There is no point in complaining. In this case, not only the fine will remain, but also the costs of tow truck operation and special parking services.

People's Patrol

In Moscow, the issue of compliance with the rules governing the responsibilities of road users is still acute. And this despite a number of measures already taken to control the capital’s parking. Due to the high level of motorization in the capital, such cases are no longer isolated and traffic police officers are not able to control every such violation. Ordinary citizens who have every right to complain about improper parking came to their aid.

Today you can deal with violators in two clicks from your smartphone, and you don’t even have to call the state traffic police. Violations of the rules recorded using special software are accepted as official evidence and become the basis for fines.