How to pick up a car from an impound lot: who has the right and the necessary documents

In what cases is a car taken to the impound lot?

Towing a car is one of the types of punishment for violating driving rules. Only traffic police officers have the right to carry out such a procedure. According to statistics, the most common reason is improper parking. This can also happen for a number of other reasons (Article 27.13 of the Administrative Code):

The car is faulty (for example, problems with the brake system or steering);
The owner is deprived of the right to drive a car, or he does not have a driver’s license at all;
The vehicle is impounded;
The driver is drunk (this also includes drinking alcohol after the arrest and before the examination);
The driver refuses to undergo a medical examination;
Violation of the rules for transporting large or dangerous cargo;
Illegal transit transportation;
The car is parked in the wrong place.

In all these cases, a protocol is drawn up, and then the car is sent to the impound lot.

It is important! If the driver eliminated the violation before his car was taken away, he must return the car directly to the same place from where it was taken!

The protocol is drawn up by a traffic police officer in the presence of an attesting witness and the driver. It contains the following data:

Date and place of registration;
Who is the owner of the car, make, year of manufacture, model;
If the driver is not the owner, his data is also recorded;
For what reason are they detained?
Place of service, rank and position of the police officer drawing up the protocol;
Where is the car being taken?

The traffic police representative puts his signature on the document, then this is done by the witness and the owner of the car being picked up.

The most common reason for towing a vehicle is stopping in the area covered by a “no stopping” sign.

If the car owner has serious reasons to believe that the detention is illegal (for example, there are no signs prohibiting parking, but the inspector still insists on a violation, or the protocol itself was drawn up with violations), nothing can be signed. Even if the representative of the law hurries you, assuring you that there will be a chance in court to explain your position, but for now you need to sign so as not to complicate your life. The policeman does not want to complicate life, first of all, for himself - the fact of signing the protocol means that the alleged culprit admits everything that is stated there!

Normative base

The detention and removal of cars is regulated by Article 27.13 of the Code of Administrative Offences. She describes:

List of cases that may lead to the detention of a vehicle;
Possibility of canceling evacuation;
Arrest procedure;
Procedure for returning a car.

In 2021, changes were made to Article 27.13 of the Code of Administrative Offenses of the Russian Federation. From this year:

Not only the owner, but also any person who acts under the power of attorney of a notary can pick up a car from an impound lot;
The cost of keeping vehicles in the impound lot is regulated by regional legislation;
The specifics of the situation are fully stated in the protocol;
The protocol is drawn up in 2 copies and, after signing, is given to the owner of the car.

Approximate cost of car evacuation in the capital as of October 2021.

In some regions, the first 1-2 days of staying in the penalty area are not paid. Since there is no separate clause on payment for these services, the rules differ from place to place.

What do you need to pick up your car from the impound lot?

As practice shows, a car can be towed even if the driver shows up and is ready to eliminate the violation, and it is not recommended to confront a traffic police officer. You should read the protocol, then collect the necessary documents and pick up the car from “penal captivity.”

Required documents

In order to return the car, you must prepare the following documents:

General civil identity card;
Technical passport (STS);
OSAGO;
Driver's license;
Car purchase agreement (in some cases);
Keys.

Only if you have all the documents will you be able to take the car back.

Cost of impound lot

Evacuation is carried out not directly by the police, but by an evacuation service with which the traffic police has an agreement. The services of both a tow truck and the presence of a car on the territory are paid. In addition, you will have to pay a fine.

Transportation of category A and B cars costs 3 thousand rubles. B (with a power of 80-250 horsepower) - two thousand more. Evacuation of more powerful cars of category B costs 7 thousand rubles, and trucks and cars of category D will cost 27 thousand rubles.

If you did not manage to pick up your car on the first day, you will have to pay from 500 to 3000 rubles for every day the car is idle

Tariffs for security services, depending on the weight of the car, range from 500 to 3,000 rubles per day. This issue is regulated by regional legislation. For example, on the territory of Moscow, the norms enshrined in Order No. 35-R of September 9, 2013 apply.

Eliminate the reasons for the detention why the car was taken away

The permit issued by the inspector contains a note stating that the reasons for the detention have been eliminated. Receiving a car is only possible if you have this mark.

For example, the reason may be an expired MTPL policy. Then, to receive the car, you need to issue a policy and present it to the inspector.

Damage during transportation will have to be compensated

Procedure

So, to get your “iron horse” back, you need to:

Find out where the car is;
Get the protocol;
Pay the fine (or do it later);
Collect a list of documents;
Pick up the car.

Where to look for a car

It often happens that a citizen returns to where he parked his vehicle, but the tow truck has already disappeared. Finding where he went is not difficult if you call one of the following numbers:

02 or 112. The operational duty officer of the emergency services, having heard what happened, is obliged to transfer the call to the traffic police duty station serving the area where the incident occurred;
To the number of the traffic police duty station (if these numbers are known);
Evacuation services operating in the city.

You can open the city’s website, which also contains information about detained cars. In the capital of the Russian Federation it is PARKING.MOS.RU. It’s even better to sign up for a mobile subscription on the website - the system will notify you about such cases automatically.

Unlawful detention

If the car was towed illegally, you will have to send a complaint to the traffic police or prove your case in court. At the same time, as already mentioned, it is better not to enter into an argument with traffic inspectors, but to film the evacuation process on the camera of a smartphone, recorder or any other gadget where this option is present. This will come in handy later in the trial.

Until the signing of the protocol with the act of transferring the car, there is a chance to pick up the car on the spot without additional expenses.

If the fact of illegal towing is confirmed, the driver will be compensated for the money spent on the fine, the work of the tow truck and storing the car in the parking lot. Moreover, there is a chance to receive payment for moral damages. In addition, the traffic inspector himself faces a fine of 25 thousand rubles (Article 12.35 of the Administrative Code).

How to prove illegality

The illegality of the evacuation of the “iron horse” will have to be proven. To do this, you need to pick up the car from the parking lot as soon as possible, paying all the required fees, and then seek qualified legal assistance. The defense attorney will help collect evidence for the court (witness testimony, video and audio materials, photographs, etc.).

If the towing service refuses compensation for damage to the vehicle, then you must go to court for compensation for material damage

After this, you need to file a complaint with one of the following government agencies:

traffic police;
Investigative committee;
The prosecutor's office.

It is imperative to indicate the details of the inspector who carried out the arrest and a link to the protocol.

How to pick up a car from an impound lot in various situations

Without owner

Until relatively recently, it was not possible to pick up a seized car, except by presenting documents on ownership of it, or a power of attorney. In 2021, every person included in the MTPL policy can do this. If it is not there, but the citizen knows for sure that his name is there (for example, the car is in the parking lot, and the folder with documents is in the cabin), he will have to work hard to get them, after which the car is sealed again and the issue of the possibility of extradition is decided.

Without payment

If the detention was carried out under legal circumstances, then it will not be possible to return the vehicle without payment. Or rather, according to current regulations, the car will be given back anyway, the main thing is that the applicant has supporting documents that he has the right to drive this particular car. But then all this has to be paid for. A receipt is required for each payment. The payment period is sixty days.

If for some reason the payment paper is not given, then this is a serious reason for going to court and the tax office. The phenomenon of money laundering through impound lots has not yet sunk into oblivion. The tax office will definitely be interested in this circumstance.

You should absolutely never, under any circumstances, try to “remove” a car from the parking lot on your own! Among not very literate citizens, there is a widespread opinion that, they say, the storage service is imposed, and therefore no one is obliged to pay for it. This has nothing to do with reality! Firstly, the very fact of entering the impound lot is illegal (Part 2 of Article 20.17 of the Administrative Code). In addition, there is also the prospect of criminal liability (Article 215.4 of the Criminal Code). An additional fine and possibly arrest will follow.

Without insurance

The MTPL policy is included in the set of mandatory documents, without which it is impossible to obtain a car. This also includes delays. If the policy is invalid, you need to issue a new one or renew the existing one. According to the rules of 2021: if the MTPL policy is expired, but by less than a month, you can get the car with it.

It’s a completely different matter if the precious form remained in the interior of the detained car. You will have to make a number of efforts to get it back. First, you need to find out exactly where the tow truck went, then collect the necessary papers, then the car will be opened in front of the owner by parking lot employees. After receiving the documents, the car will be sealed again. With a complete set of documents, you need to go to the traffic police duty station for permission, confirming that the citizen can receive the vehicle in his hands. Now you must present the documents to the parking lot staff, and only now will you be able to get the car.

If the documents are left in the car, you must go to the impound lot, where, in your presence, the parking lot employee will draw up a protocol for opening the car and removing the required papers from it.

It is best to avoid situations where the possibility of handing over a car from the impound lot becomes jeopardized due to the MTPL policy. Practice shows that although this paper is not paramount, like, for example, a technical passport, it is also included in the set of mandatory documents and without it they will not even talk to the car owner. Never skimp on insurance and extend its duration!

Without a power of attorney

A power of attorney is not required to return a car “stolen” by a tow truck. It is enough to present the compulsory motor liability insurance policy, where the applicant’s name is listed. If the policy is valid and issued in accordance with all the rules, then the car will be returned.

After drinking

The procedure for receiving a car in your hands is the same if the incident did not entail consequences associated with the criminal code of the Russian Federation. If the owner was drunk, then you first need to sober up, and only then go to the traffic police department. The driver's license will remain for ten days. If this is impossible, and the citizen himself cannot get behind the wheel, then you need to issue a power of attorney for another person, or contact towing services.

It is important! A driver's license can only be confiscated by a court decision! No inspector is authorized to do this, so you cannot give your driving license to a traffic police officer. If the driver is so illiterate that he succumbed to the assurances of self-government, he should contact a lawyer and only then “rescue” his documents.

Is it possible not to pick up the car?

The longer the car is parked, the higher the amount for its stay becomes. Therefore, it is necessary to pick up the vehicle as soon as possible. In some cases, tow trucks are forced to go to court to recover the necessary amount from the negligent owner.

Sometimes it happens like this: the car is already in such a condition that it becomes impossible to drive it, and the owner decides to leave it to the owners of the parking lot as compensation for expenses. However, this is not always possible; a car, even in reasonable condition, will most likely not be valued at one hundred percent of its value.

Illegal detention of a vehicle

Sometimes the car is taken away, but in fact there was no violation. In this case, you need to challenge the drawn up protocol. To do this, you should contact the head of the traffic police department with a complaint drawn up in accordance with the sample. The manager has 10 days to respond. If he does not respond properly, the citizen can file a lawsuit.

The basis for a complaint may be not only a false accusation, but also other reasons, for example, errors made when drawing up the protocol. In this case, the owner of the car must have a photo or video confirming the violation.

In what cases can they refuse to issue a car?

The “iron horse” will be refused in the following cases:

Absence of at least one of the required documents;
The driver is drunk;
There was no permission from the traffic police.

In other cases, the retention is illegal.

There is no need to be afraid of evacuation services - this is life, and anything can happen in it. The main thing in such situations is to know your rights and obligations, then the return of the car will take place without any special financial or emotional costs.

Author: Andrey
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