no image

How to appeal against penalties — 6 tips lawyer

Almost any resolution of the fine can be challenged. Another thing is that the result of the review still may not be in your favor.Elena Starikova

Commented Sergey Radko, the lawyer of movement of motorists “Freedom of choice”

Tip 1. Keep track of “the happiness letter” in track number

To appeal the fine you under the law is 10 days (article 30.3 of the administrative code). This period will run from the date of receipt by the driver of the decision. If the inspector of traffic police carried him out and handed you a copy, then no problems — you can begin to come up with the text of the complaint. But in the case when a chain letter arrives in the mail a registered letter, it is easy to lose track of how much time is left.

Of course, you can learn information about their fines via special application. But where is the guarantee that there is actual published data? Much more reliable, according to experts, to track the email to a specific tracker is the identification code that consists of 14 digits (for shipments to Russia. — Approx. ed.). You can find it in the notice of registered letter. Tracking will allow one hundred percent probability to figure out what number the letter formally (that is for the traffic police and the court) will be considered awarded.

Found ID code? Great. Then go to the official website of “Mail of Russia”. Look, when the receipt came into the post office and counted to ten days.

“This date may be somewhat earlier than the actual receipt of the envelope in his hands, — says Sergey Radko. — Check is important because an error in determining the time for appeal can negate all your further efforts, even with the dubious and the more the illegality of the fine.”

Tip 2. “Remind myself” to the traffic police

If you changed the place of registration and has not made the appropriate information in the passport of the vehicle, not expect the traffic police finds out about it independently through a single database of the Ministry of interior. Don’t know. And even if finds out, the fines will still come at the old address and you could miss the deadline to appeal.

“Of course, a bit strange that the base of the state traffic Inspectorate is not automatically updated after changes in the data base of the Ministry of internal Affairs, but the fact remains — says Sergey Radko. — If the person has registered and changed the address in the certificate of incorporation, that no fines, no court summons, he will likely not get it. Without it will hear the case and decide in favor of the state.” So carefully monitor where you come in fines, and up-to-date PTS.

By the way, PTS sooner or later will have to change — you’re not planning to drive your car forever? In this case, you, as natural persons, can be punished with a fine of 1.5 thousand to 2 thousand rubles for “Violating the rules on state registration of vehicles”. For officials and legal persons amounts are much higher.

Tip 3. Complain basically

To make a complaint makes sense only when you really able to prove that not violated the rules. For example, the shadow from the car down on vydelenku, the camera is considered, and the inspector, without looking, prescribed decision under part 1.1 of article 12.17 of the administrative code. In each case there will be nuances that you can catch, but the principle is the same for all.

“We need to clearly articulate what exactly is your disagreement, — says Sergey Radko. — Many people say: I got a speeding tickets, it says: “I was driving 85 km/h”, but I do remember the speedo 79 km/h showed! Position: “I have not violated because he couldn’t break” — this is not serious, need better arguments”.

Tip 4. Appeal against the fine through the district court

Of course, nothing prevents you to file a complaint to the organization that fined. In Moscow such structures several. If you do not agree with the fine for Parking under signs “the Stop is forbidden”, “no Parking” or Parking on the lawn, you need to contact the Moscow road administrative inspection (MADI). If you are charged with unpaid Parking tickets in gku “administrator of the Moscow Parking space” (gku AMP). Other penalties can be appealed to the division of the state traffic Inspectorate which issued the warrant. This can be done in person or by mail.

However, experts still advise to appeal the fines in district court — if you want to make the procedure as transparent as possible.

“The same MADI often considers the case without the presence of driver — warns Sergey Radko. — Even if the complaint you wrote: “please notify me of the date and time of the consideration of my appeal”. Result: who has considered the complaint and on what basis it issued a decision for the driver remains a mystery”. In turn, the courts, according to the expert, the formalities observed. On the official site you can track relevant information on your complaint: the number of the case on administrative offense, name of judge phone Secretary, the current state of Affairs. In addition, judges tend to cause both sides to listen to their arguments.

Important note: to file a complaint you will need to exert only a copy of the decision on an administrative offence. All other documents (e.g. scheme of arrangement of road signs or markings), the court seeks in the traffic police. So keep in mind that the appeal process may be longer than with other responsible agencies — up to several months.

Tip 5. Ask the traffic police to postpone the execution of the decision

As we know, to repay the fine to the driver is given 60 days. This period starts from 11th day after receipt of the decision. If you filed a complaint, no cancellation falls into the category of unpaid till the end of trial. The problem is that the traffic police may not know that you are appealing the fine through the court — for example, they did not come up the agenda (we return to the question of interaction of state). So on the 61st day of non-traffic police officers with a clear conscience guide the decision of an administrative offense bailiffs, and those write off from the account of the driver the amount of the debt.

“The law does not oblige police officers to cross-check information that has entered the decision into force. So if he has a corresponding note, to be sure that the money you will remove”, — said Sergey Radko.

Tip: approximately one month after filing the appeal when the period of payment of the fine, send in the traffic police (MADI, AMP, etc.) a letter asking not to send the decree for execution, because you are appealing it through the courts. The text like this: “I Inform you that the decree appealed me, taken to the court, a hearing is scheduled on such and such a number. Due to the fact are requested not to send a decision of an administrative offence to execution.” There is no guarantee that this will work — the human factor has not been canceled. However, most often the same MADI not only listens to such requests, but also revokes the orders that have already been sent to the bailiffs, and they stopped the enforcement proceedings.

Tip 6. Assure copies of all documents

Even if the court of first instance upheld the decision in force, this is not a reason to give up and run to the nearest ATM. You have the right to appeal the district court’s decision to a higher authority (in Moscow appeal to the Moscow city court. — Approx. ed.). Then the complaint can be forwarded to the Chairman of the city court, then in Supreme court. Please note that any further consideration after the city court will take place without your presence. About the decision will be notified by letter.

It is important to follow the specified hierarchy and properly execute all documents — you don’t want to complaint returned to you without consideration? Remember: if you are applying to the city court, and further, must be certified copies of all previous rulings in the case of the blue seal. Approximately 50% of complaints come back to the sender because of such hurtful things. “Copies of the judgment certified by the court. Copies of orders issued by other authorities, traffic police, MADI, AMP and others, — shall be certified by them, — says Sergey Radko. — If the complaint was returned for formal reasons — it can apply again after elimination of defects, subject to the time limit for appeal”.

  • For that and fined as the traffic cameras, read here.

Залишити відповідь