More recently, the streets were filled with randomly parked cars. However, today the authorities are struggling with this situation. The main weapon against violators was a parking ticket in the wrong place. On the one hand, motorists are unhappy. But everyone understands that this state of affairs needs to be changed. On the other hand, fines are not always fair. In the article, we will talk about what are the wrong parking places, how they will be fined for parking in the wrong place, and is there a chance to appeal the penalty order.
Why not park wherever you are?
There are places in the city where parking is allowed and where it is not allowed. This is necessary to ensure the normal functioning of organizations, pedestrian traffic and to preserve the improvement of the city. It would seem that all these truths are obvious and do not need additional comments. However, in practice, drivers, without thinking about other people, often violate these rules.
Therefore, the legislator introduced restrictions, the violation of which entails penalties. Consider where motorists are not allowed to park by law.
Lawn parking
Offense is parking on the lawn. In this case, the car is rarely evacuated. However, a negligent driver will have to pay a fine for parking in the wrong place. It ranges from 1 thousand rubles to 5 thousand for individuals, and for legal entities reaches 100 thousand rubles. The legislator provides for separate responsibility for officials. They will have to pay up to 50 thousand rubles.
Parking on the sidewalk and near a pedestrian crossing
Drivers are already used to parking on the sidewalk. However, this is a place for pedestrians. Such parking is an offense by the driver. Therefore, he will be fined for parking in the wrong place. A specific amount is set by city authorities. But there are laws on which the decision is based. According to them, on average in Russia the offender will have to pay 1 thousand rubles.
In Moscow and St. Petersburg they pay more. The fine is equal to the punishment for another offense, namely a parking lot closer than 5 meters from the pedestrian crossing. It is 3 thousand rubles. In addition, vehicles can be evacuated.
But in some cases, parking on the sidewalks is allowed. In this case, the zone should be marked with a special sign and assume only a certain type of transport.
Second row parking
Most of these cases relate to megacities. The extreme row here is always occupied by parked cars. But many people need to get into nearby buildings. Therefore, it was often possible to see how the second row of drivers quietly parked, thus blocking the departure for vehicles standing on the sidewalk.
This action is an administrative offense and is punishable by a fine of 2 thousand rubles. Moreover, the car of the intruder can be evacuated. Then you have to pay much more.
Disabled parking
In connection with the frequent offenses of this kind, the offense for parking in places for disabled people was separately brought. Such a fine for parking in the wrong place is from 3 to 5 thousand rubles. Of course, it all depends on the specific situation. But the car in this case is not seized.
Unauthorized parking in the courtyards
Even the yards today are under the "gunshot" of the traffic police. Drivers can be punished if:
- the engine runs for more than 5 minutes during loading, unloading or boarding passengers;
- parking is carried out on a lawn where there is no special sign;
- a truck weighing over 3.5 tons is parked, if special places are not allocated for such transport.
In the regions, the fine for parking in the wrong place will be 1,500 rubles, and in Moscow and the northern capital, drivers need to prepare 3,000 rubles.
In no case can you block the entrances for ambulances, as well as fire engines. The punishment is up to 2 thousand rubles for individuals. But for legal entities, the amount can reach 150 thousand rubles.
Public transport stop
The driver of the car will have to pay 3 thousand rubles for this offense. And if he gets up within 15 meters before or after a stop, then a fine is imposed for this. However, its size is slightly lower and amounts to 1 thousand rubles.
Grounds
The fine for parking in the wrong place today causes a lot of indignation among drivers. The fact is what happens when they are discharged unreasonably. What to do in this case?
Someone decides to pay, and someone decides to complain. If you have chosen the second path, then in order to succeed, actions must be competent and preferably with legal support. Then you can get around the pitfalls of the legislative framework.
The expert will not only clarify the particular case from the point of view of the law, but also help appeal the sanction. It so happens that the driver does not know that he received a pecuniary penalty. However, non-payment of the fine entails even more serious consequences. Today, it is possible to check whether the driver is fined, on the official website of the traffic police or on the portal of the State Service. To do this, open the page and fill out a brief information about yourself.
Two months are given to pay a fine. Parking in the wrong place, becoming the basis for an administrative case, will entail more serious consequences if you do not pay a fine during this time. The case is referred to the bailiff service, which has a fairly broad authority. They will be able to withhold the amount of debt, for example, from wages.
Appeal
Observe traffic rules in general and parking rules in particular, of course, is necessary. By law, the driver has the right to stop anywhere in the event of severe fatigue or poor health. In this case, turn on the emergency gang and set the appropriate sign. Then no one will fine him.
The best way to resolve conflicts is peaceful. It is worth trying to find a compromise solution with traffic police. If this does not work, find out where to go to appeal the illegal actions of the traffic police. There are 10 days to appeal the decision.
The complaint is written to the appropriate department. To do this, it is not necessary to drive there personally. The document is sent by mail or send an application in electronic form on the official website. The appeal is considered within three days. If no response was received within a week, then they file a lawsuit in court. It’s better if you get legal advice in advance.
Challenging a parking ticket in the wrong place has a chance to end with a positive result only when there is good reason for this and evidence of the absence of an offense. If the driver proves that the violation was not due to his fault, but for other reasons (for example, there was no road sign), then responsibility will be removed from him. But verbal statements in this case are few. It is necessary to provide photo or video materials.
The statement of claim is written in free form in compliance with business ethics and the requirements of procedural legislation. Corrections and grammatical errors are not allowed. It sets out:
- driver data;
- a situation that has occurred;
- requirements.
Documents are also attached to the lawsuit, including:
- copy of the administrative offense order or protocol;
- case materials;
- evidence of innocence;
- application for the restoration of the terms of appeal.
They make three copies of the complaint, sending one of them to the court, the other to the traffic police, and the third they leave for themselves. You should also get and keep a note that the application has been accepted. Cases, the basis of which is a penalty for improper parking, whatever size it may be, are often decided not in favor of the plaintiff. However, if you are truly innocent, and you have evidence of this, uphold the truth. What can be the cases when success is possible?
Do not rush to pay!
There are situations when notifications continue to come after payment of the fine. The reason for this is a malfunction in the system or inattention when making a payment. In this case, the court will not be needed.
When receiving a receipt, do not rush to pay for it. First check if there is a fake in front of you. You can recognize the original in this way:
- There should be photographs showing the state numbers and the position of the car.
- The exact address of the incident is registered.
- The correct details of the traffic police are entered.
If any of these data is missing or false, there is a reason to file a complaint.
Also, you should not pay a receipt if the corresponding traffic sign was absent or was poorly visible (for example, due to vegetation).
Conclusion
Thus, a fine for parking in the wrong place in Moscow, St. Petersburg or regional cities can sometimes be appealed. Pay or defend the rights to the end - it is up to the drivers only.
However, if the violation was indeed committed consciously, the best option would still be timely payment of the fine. This will serve as a science in order to comply with parking rules in the future, and will not entail more serious consequences.